Gayle v. Mann’s Empirical Analysis
966 F.2d 81 · 1992
Citation profile
5 federal appellate ·
Relationships
Applies 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Wainwright v. Sykes · Sanders v. United States · McCleskey v. Zant · Lord Electric Co. v. United States · Terrell v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[w]hen a prisoner files a second or subsequent application, the government bears the burden of pleading abuse of the writ.... with clarity and particularity”
2 later decisions quote this exact passage“the district court disregarded the state's failure to plead abuse of the writ because McCleskey was handed down after the state's response was filed”
1 later decision quote this exact passagee.g. Lugo v. Keane“Gayle should have been given an opportunity to show that he did not know of the present ground at the time of his prior petitions,”
1 later decision quote this exact passagee.g. Lugo v. Keane
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.