Closs v. Leapley’s Empirical Analysis

Citation profile

21 federal appellate · 4 district · 5 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he defendant does not have to testify or even offer any evidence; the basis for the defendant’s theory may derive from the testimony of government witnesses on direct or cross-examination. Finally, the evidence to support a theory of defense need not be overwhelming; a defendant is entitled to an instruction on a theory of defense even though the evidentiary basis for that theory is weak, inconsistent, or of doubtful credibility.”

   3 later decisions quote this exact passage · from the majority
   e.g. United States v. Scout · 709 F. Supp. 2d 737 - United States v. Flynn

2. “[U]nder the case law related to habeas proceedings, the trial court's refusal to give a requested instruction must have amounted to a fundamental defect which inherently resulted in a complete miscarriage of justice, or an omission inconsistent with the rudimentary demands of fair procedure, before that failure may be the basis for habeas relief.”

   2 later decisions quote this exact passage · from the majority
   e.g. 61 F. Supp. 2d 896 - Roberts v. Bowersox · 871 F. Supp. 1182 - Reeves v. Hopkins

3. “the jury may use the evidence of one of the crimes charged to infer a criminal disposition on the part of the defendant from which is found his guilt of the other crime or crimes charged.”

   1 later decision quote this exact passage · from the majority
   e.g. Lucero v. Kerby