Hyman v. Brown’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'very, very difficult to find at the time of the investigation and not very cooperative.' " Id. at 458 (quoting Habeas Hearing Tr. at 5-6). C. The District Court's Ruling 1. Actual Innocence In a 91-page opinion reviewing the above evidence in detail, the district court ruled that Hyman had made the gateway showing of actual innocence necessary to lift the procedural bar to habeas review of his Sixth Amendment claim. Insofar as the gateway standard required Hyman to adduce credible new evidence of innocence, the district court ruled that he carried that burden simply through the Manning, Blye, and Sanders affidavits offered in support of his second § 440 motion. See id. at 461 . Each of those affidavits cast doubt on Shaquana Ellis's trial testimony professing to have witnessed the March 10 shootout. In any event, Hyman carried his burden through further new evidence: the hearing testimony of Ellis, Benitez, and Delain, the first two of whom were credible, if not in whole, at least on the "narrow”

   1 later decision quote this exact passage
   e.g. Hyman v. Brown

2. “Id. at 461 (emphasis in original). 2. Amanda Benitez Amanda Benitez testified that neither she nor Ellis arrived at 1540 Hassock Street until after the shooting was over and police already had secured the crime scene. Benitez did not speak with Ellis until the morning after the shooting, when Ellis said that her boyfriend, Shah, wanted Ellis and Benitez to tell police”

   1 later decision quote this exact passage
   e.g. Hyman v. Brown

3. “The habeas court must make its determination concerning the petitioner's innocence in light of all the evidence, including that alleged to have been illegally admitted (but with due regard to any unreliability of it) and evidence tenably claimed to have been wrongly excluded or to have become available only after the trial.”

   1 later decision quote this exact passage
   e.g. Hyman v. Brown