Case Citator › Caldwell v. Russell

Caldwell v. Russell

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

Abrogated
Court
Sixth Circuit
Citation
181 F.3d 731
Decided
Confirmed treatments
1
Flagged citations read
35 of 35
Citing cases (total)
35
Treatment dates
2000
Abrogated
A reviewed court treats this case as abrogated by later authority. Caldwell v. Russell was abrogated in part. All 35 flagged citations have been read.
More on how this was screened

The Supreme Court's decision in Slack v. McDaniel, listed below, displaced Caldwell's rule that a habeas petitioner who filed before AEDPA's effective date could appeal under the former certificate requirement; the Sixth Circuit expressly recognized that change in Mackey v. Dutton. Courts continue to apply Caldwell's separate holdings on prosecutorial argument and affirmative defenses.

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.

35 later cases cite Caldwell v. Russell; 35 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 Caldwell v. Russell?

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

Abrogated

  • The Supreme Court held that AEDPA's certificate of appealability requirement governs appeals begun after its effective date even when the habeas petition was filed earlier, displacing Caldwell's contrary certificate rule.

    Slack v. McDaniel · Supreme Court of the United States · filed

    First, when a habeas corpus petitioner seeks to initiate an appeal of the dismissal of a habeas corpus petition after April 24, 1996 (the effective date of AEDPA), the right to appeal is governed by the certificate of appealability (COA) requirements now found at 28 U. S. C. § 2253(c) (1994 ed., Supp. III). This is true whether the habeas corpus petition was filed in the district court before or after AEDPA’s effective date.
    Read the full opinion on CourtListener →

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