6 canonical passages across 5 cases, quoted by 44 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from United States v. Herbert L. Bendolph, at No. 01-2468 United States of America v. Julio Otero, at No. 02-2624.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | United States v. Herbert L. Bendolph, at No. 01-2468 United States of America v. Julio Otero, at No. 02-2624 Anchor | green | “have 'an initial opportunity to pass upon and correct alleged violations of prisoners' federal rights.” | 12 |
| 2 | Darrell W. Stevens v. Delaware Correctional Center Attorney General of the State of Delaware | green | “fairly present' all federal claims to the highest state court before bringing them in federal court.” | 10 |
| 3 | Toulson v. Beyer | green | “we will not presume how the state courts would rule on' procedural default and, rather than dismissing with prejudice on that ground, will merely 'dismiss . . . without prejudice for failure to exhaust state remedies.” | 6 |
| 4 | Szuchon v. Lehman | green | “state ordinarily is required to assert a procedural default in its answer if it intends to rely on that defense.” | 6 |
| 5 | Darrell W. Stevens v. Delaware Correctional Center Attorney General of the State of Delaware | green | “has the right under the law of the state to raise, by any available procedure, the question presented.” | 6 |
| 6 | Nevin G. Sweger, Jr. v. Joseph W. Chesney District Attorney of the County of Cumberland Attorney General of the State of Pennsylvania | green | “with respect to the sua sponte consideration of nonexhaustion . . . the values of comity, federalism, judicial efficiency, and the "ends of justice" must be weighed in determining whether to consider the default” | 4 |
A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.