Verdin v. O'Leary’s Empirical Analysis
972 F.2d 1467 · 1992
Citation profile
108 federal appellate · 3 district · 3 state decisions
How this case has been cited
Cited by 214 later decisions — most recently December 2018 · most notably United States v. Bertoli (1994), Matthews v. Evatt (1997)
108 federal appellate · 3 district · 3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Ashe v. Swenson · Rose v. Lundy · Carnegie v. United States · Picard v. Connor · Cupp v. Naughten
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 214 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the petitioner’s argument to the state court did not: (1) rely on pertinent federal cases employing constitutional analysis; (2) rely on state cases applying constitutional analysis to a similar factual situation; (3) assert the claim in terms so particular as to call to mind a specific constitutional right; or (4) allege a pattern of facts that is well within the mainstream of constitutional litigation, then this court will not consider the state courts to have had a fair opportunity to consider the claim. However, the presence of one of these factors, particularly factors (1) or (2), does not automatically avoid a waiver; the court must consider the specific facts of each case.”
30 later decisions quote this exact passage · from the majority“in concrete, practical terms, ... the state court was sufficiently alerted to the federal constitutional nature of the issue to permit it to resolve that issue on a federal basis.”
5 later decisions quote this exact passage · from the majority“[F]or a constitutional claim to be fairly presented to a state court, both the operative facts and the 'controlling legal principles' must be submitted to that court.”
5 later decisions quote this exact passage · from the majority
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.