Ortiz v. Dubois’s Empirical Analysis

Citation profile

26 federal appellate · 15 district · 1 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “had a substantial and injurious effect or influence in determining the jury's verdict.”

   2 later decisions quote this exact passage · from the majority
   e.g. Smith v. Horn · Anderson v. Butler

2. “[a]bsent a showing of “cause” and “prejudice,” a procedural default may still be excused where failure to hear the claim would result in a “fundamental miscarriage of justice.” Murray, 477 U.S. at 495-96, 106 S.Ct. 2639 . This exception may be invoked where “a constitutional violation has probably resulted in the conviction of one who is actually innocent ....” Id., at 496 , 106 S.Ct. 2639 . In order to satisfy the actual innocence requirement and enable an otherwise barred constitutional claim to be considered on the merits, a petitioner “must show by clear and convincing evidence that but for a constitutional error, no reasonable juror would have found the petitioner [guilty].” Sawyer v. Whitley, 505 U.S. 333 , 112 S.Ct. 2514 , 120 L.Ed.2d 269 (1992).”

   1 later decision quote this exact passage · from the majority
   e.g. 283 F. Supp. 2d 307 - Manisy v. Maloney

3. “his right to due process was violated because the jury was not properly instructed on the elements of felony-murder under Massachusetts law, and therefore did not find every element of the offense beyond a reasonable doubt.”

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. Horn