147 F. Supp. 2d 697 - Hardaway v. Withrow’s Empirical Analysis

Citation profile

2 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The Court cannot accept the finding by the Michigan Court of Appeals or the argument by respondent that the trial court’s comments about sending a copy of an involuntary manslaughter instruction into the jury room was either a mistranscription or a misstatement on the part of the trial court. A court reporter’s transcript is presumed to be accurate or correct. Abatino v. United States, 750 F.2d 1442 , 1445 (9th Cir.1985); United States v. Hoffman, 607 F.2d 280 , 286 (9th Cir.1979). Respondent has not offered any proof to rebut this presumption, either in the state courts or with this Court. Besides her own speculations, respondent does not present any reason why this Court should suspect the transcript to be inaccurate. Norris v. Schotten, 146 F.3d 314 , 333 (6th Cir.1998). This Court must therefore presume that the trial court’s comment about sending a copy of an involuntary manslaughter instruction into the jury room was accurately transcribed for purposes of habeas review. To do otherwise would be to negate the integrity of the appellate system. The transcript’s presumed accuracy is crucial.” Withrow, 147 F.Supp.2d at 709-10.”

   1 later decision quote this exact passage · from the majority
   e.g. Hardaway v. Withrow

2. ““To warrant habeas relief, the jury instructions must not only have been erroneous, but also, taken as a whole, so infirm that they rendered the entire trial fundamentally unfair. Scott v. Mitchell, 209 F.3d 854 , 882 (6th Cir.2000). Allegations of trial error raised in challenges to jury instructions are reviewed for harmless error by determining whether they had a substantial and injurious effect or influence on the verdict. Id. A habeas petitioner’s burden of showing prejudice is especially heavy when a petitioner claims that a jury instruction was incomplete, because an omission, or an incomplete instruction, is less likely to be prejudicial than a misstatement of the law. Fama v. Commissioner of Correctional Services, 69 F.Supp.2d 388 , 397 (E.D.N.Y.1999); aff'd 235 F.3d 804 (2nd Cir.2000).” Id.”

   1 later decision quote this exact passage · from the majority
   e.g. Hardaway v. Withrow

3. ““This Court concludes that the trial court’s instructions as a whole adequately explained to the jury that the prosecution had to prove that the killing was not justified or excused in order to find petitioner guilty of second degree murder. The jury was informed of the defense of self-defense and the prosecutor’s burden of proving that petitioner did not act in self-defense. Therefore, the jury was informed that they would have to find that the killing was not justified or excused in order to find petitioner guilty of second degree murder. Petitioner is not entitled to habeas relief on this part of his claim.” Withrow, 147 F.Supp.2d at 708. We agree.”

   1 later decision quote this exact passage · from the majority
   e.g. Hardaway v. Withrow