990 F. Supp. 844 - Nevers v. Killinger’s Empirical Analysis
1997
Citation profile
2 federal appellate ·
Relationships
Applies 28 U.S.C. § 2243 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Brady v. State of Maryland · Chapman v. State of California · Gideon v. Wainwright · Kotteakos v. United States · United States v. Bagley
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim— (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”
2 later decisions quote this exact passage · from the majority“The determination of reasonableness must considér only the propriety and correctness of the state court's actions in the context of federal guarantees established by the Supreme Court. If a federal court ‘disagrees’ with the state court’s application of federal law — if it finds that the state court unreasonably applied the law of the land — that federal court must grant habeas relief under § 2254(d)(1).”
1 later decision quote this exact passage · from the majoritye.g. Franklin v. Francis“specifically referred to the officers involved in STRESS as major culprits of police brutality and stated that the controversial unit was involved in the deaths of twenty people, seventeen of whom were black.”
1 later decision quote this exact passage · from the dissente.g. Nevers v. Killinger
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.