Case Citator › Martin v. United States

Martin v. United States

Is it still good law? What later courts have actually done to this case.

Declined by some courts
Court
Seventh Circuit
Citation
96 F.3d 853
Decided
Confirmed treatments
1
Flagged citations read
47 of 47
Citing cases (total)
47
Treatment dates
1997
Declined by some courts
At least one reviewed court has declined to follow this case. No reviewed court has overruled it. Martin v. United States has been declined to follow on its ruling that an appeal filed before the 1996 antiterrorism law took effect did not require a certificate of appealability. The Sixth Circuit expressly reached the opposite result in the decision listed below.
More on how this was screened

All 47 flagged citations have been read. Other courts continued to apply Martin's holdings on prisoner filing fees and mandamus petitions.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

47 later cases cite Martin v. United States; 47 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 Martin v. United States?

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

Declined to follow

  • The Sixth Circuit rejected Martin's conclusion that the new certificate of appealability requirement could not apply to an appeal filed before the antiterrorism law took effect.

    Lyons v. Ohio Adult Parole Authority · Sixth Circuit · filed

    We are aware that this ruling puts us squarely in conflict with the Seventh Circuit’s holding in Martin v. United States, 96 F.3d 853, 855 (7th Cir.1996).
    Read the full opinion on CourtListener →

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