Fitzgerald v. Greene’s Empirical Analysis

Citation profile

26 federal appellate · 2 district · 6 state decisions

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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Sjubsection (1) ... prohibit[s] the issuance of the writ unless (a) the state court decision is in “square conflict” with Supreme Court precedent which is controlling as to law and fact or (b) if no such controlling decision exists, “the state court’s resolution of a question of pure law rests upon an objectively unreasonable derivation of legal principles from the relevant supreme court precedents, or if its decision rests upon an objectively unreasonable application of established principles to new facts.” “In other words, habeas relief is authorized only when the state courts have decided the question by interpreting or applying the relevant precedent in a manner that reasonable jurists would all agree is unreasonable.””

   4 later decisions quote this exact passage · from the majority
   e.g. Morrow v. Harkleroad · 247 F. Supp. 2d 805 - Marrow v. Harkleroad

2. “first demonstrate that a juror failed to answer honestly a material question on voir dire, and then further show that a correct response would have provided a valid basis for a challenge for cause. The motives for concealing information may vary, but only those reasons that affect a juror’s impartiality can truly be said to affect the fairness of a trial.”

   3 later decisions quote this exact passage · from the majority
   e.g. United States v. Fulks · Tidewater Finance Co. v. Fiserv Solutions, Inc.

3. “One touchstone of a fair trial is an impartial trier of fact — “a jury capable and willing to decide the case solely on the evidence before it.” Voir dire examination serves to protect that right by exposing possible biases, both known and unknown, on the part of potential jurors. Demonstrated bias in the responses to questions on voir dire may result in a juror being excused for cause; hints of bias not sufficient to warrant challenge for cause may assist parties in exercising their peremptory challenges. The necessity of truthful answers by prospective jurors if this process is to serve its purpose is obvious.”

   1 later decision quote this exact passage · from the majority
   e.g. 634 F. Supp. 2d 633 - United States v. Lecco