209 F. Supp. 3d 497 - Pham v. Kirkpatrick’s Empirical Analysis
2016
Citation profile
Relationships
Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Jackson v. Virginia · Miller-El v. Cockrell Director Texas Department of Criminal Justice Institutional Division · Crawford v. Washington · Coleman v. Thompson
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Recent cases which have examined the nature of the weight of the evidence and sufficiency claims have concluded that 'a weight claim cannot stand in for a constitutional sufficiency claim when considering whether a habeas petitioner has exhausted state court remedies because the two claims are no more than somewhat similar.' " Pham , 209 F.Supp.3d at 512 (quoting Lopez v. Superintendent of Five Points Corr. Fac. , No. 1:14-CV-4615, 2015 WL 1300030 , at (S.D.N.Y. Mar. 23, 2015), adopted , 2015 WL 2408605 , at (S.D.N.Y. May 20, 2015) ; see also, e.g. , Shuler v. Artus , No. 9:15-CV-0399 (DNH), 2016 WL 698106 , at -5 (N.D.N.Y. Feb. 19, 2016) (concluding that petitioner's legal sufficiency claim was unexhausted, and that petitioner's weight-of-the-evidence claim on direct appeal did not "fairly present”
1 later decision quote this exact passage · from the majoritye.g. Hughes v. Sheahan“[A]lthough sufficiency and weight of the evidence claims are related, 'each requires a discrete analysis.' " Pham v. Kirkpatrick , 209 F.Supp.3d 497 , 512 (N.D.N.Y. 2016) (quoting People v. Bleakley , 69 N.Y.2d 490 , 495, 515 N.Y.S.2d 761 , 508 N.E.2d 672 (1987) ), aff'd , 711 Fed.Appx. 67 (2d Cir. 2018) (summary order). New York's "weight-of-the-evidence claim requires more exacting review than an insufficiency claim, because it entails a weighing of the evidence and an assessment of the credibility of the State's witnesses.”
1 later decision quote this exact passage · from the majoritye.g. Hughes v. Sheahan“the certificate of appealability must show that jurists of reason would find debatable two issues: (1) that the district court was correct in its procedural ruling, and (2) that the applicant has established a valid constitutional violation”
1 later decision quote this exact passage · from the majoritye.g. Hughes v. Sheahan
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.