Wiggins v. Smith, Warden
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Of 286 flagged citations, 280 were substantively read; the text needed to judge six citing opinions could not be verified, so they remain unread.
5,961 later cases cite Wiggins v. Smith, Warden; 286 of those citations sat close to treatment language and were flagged for reading; the progress bar above tracks how many have been read so far. 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 Wiggins v. Smith, Warden?
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.
Treatments
Limited
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The Sixth Circuit confined Wiggins's de novo review approach by applying modified AEDPA deference when a state court adjudicated the claim with little substantive analysis.
Vasquez v. Jones · United States Court of Appeals for the Sixth Circuit · filed
Although Wiggins v. Smith could be read to suggest that AEDPA deference applies only to issues that the state court actually considers on the merits, this circuit applies “modified AEDPA deference” in circumstances like this where the state court adjudicated the claim but with little analysis on the substantive constitutional issue.
Read the full opinion on CourtListener →
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