Slack v. McDaniel
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Other adverse language concerned older habeas precedents, statutes, motions and certificates, unrelated procedural rulings, or case-history parentheticals rather than Slack. Two precedential appellate decisions expressly rejected arguments that later Supreme Court cases had silently or effectively overruled Slack's COA rule, and Magwood v. Patterson reaffirmed that Slack's “second or successive” analysis remains relevant under AEDPA.
41,296 later cases cite Slack v. McDaniel; 719 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Slack v. McDaniel?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
No reviewed court has overruled or limited this case.
Every one of the 719 flagged citations was read, and each turned out to be something other than adverse treatment: a routine application, a party's argument the court rejected, or the case itself discussing older law. That reading is the finding this page exists to report.
Does this case still carry your argument?
Describe your facts. Ezel reads Slack v. McDaniel and the cases that treated it, then tells you whether it still holds for your situation, with citations.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace