233 F. Supp. 2d 749 - Orbe v. True’s Empirical Analysis

Citation profile

2 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, the Chesterfield records do not objectively corroborate Orbe’s suicidal intent. They indicate only that Orbe reported he was suicidal, not that he was found suicidal by a treating physician or given treatment for suicidal tendencies. Indeed, the records show that he was refused treatment on that basis. Second, although the jury was not shown the Chesterfield records, they were informed that Orbe sought mental health treatment before the January crime spree. Finally, as brought out at trial, other statements and actions by Orbe indicate a strong ambivalence with regard to suicide, with or without the addition of the Chesterfield records. For these reasons, even assuming that the question of whether or not Orbe was suicidal at the time of the crime spree was relevant to the jury’s verdict, it is unlikely that the presentation of the Chesterfield records would have significantly altered the jury’s conclusion on that question. It follows that Orbe has not shown that there was a “reasonable probability” that presenting the Chesterfield records would have affected the outcome of the trial.”

   1 later decision quote this exact passage · from the dissent
   e.g. 82 F. App'x 802 - Orbe v. True