5 canonical passages across 4 cases, quoted by 42 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 Smith v. Murray.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | Smith v. Murray Anchor | green | “the question is not whether subsequent legal developments have made counsel's task easier, but whether at the time of the default the claim was 'available' at all.” | 19 |
| 2 | United States v. Tommy Walters | green | “was knowing and voluntary, and if the waiver applies to the circumstances at hand.” | 7 |
| 3 | Scott Frizzell v. Frank X. Hopkins | green | “if the tools were available for a petitioner to construct the legal argument at the time of the state appeals process, then the claim cannot be said to be so novel as to constitute cause for failing to raise it earlier.” | 6 |
| 4 | United States v. White | green | “as a matter of law, the indictment itself affirmatively reflects that the offense sought to be charged was not committed.” | 5 |
| 5 | United States v. White | green | “the government cites no authority, and we are aware of none, that holds that a defendant can waive his substantive right 'to be free of prosecution under an indictment that fails to charge an offense.” | 5 |
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.