Sexton v. Kemna’s Empirical Analysis

Citation profile

11 federal appellate · 1 district · 2 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[AEDPA’s] “contrary to” and “unreasonable application” clauses have independent meaning. A federal habeas court may issue the writ under the “contrary to” clause if the state court applies a rule different from the governing law set forth in our cases, or if it decides a case differently than we have done on a set of materially indistinguishable facts. The court may grant relief under the “unreasonable application” clause if the state court correctly identifies the governing legal principle from our decisions but unreasonably applies it to the facts of the particular case. The focus of the latter inquiry is on whether the state court’s application of clearly established federal law is objectively unreasonable.”

   2 later decisions quote this exact passage · from the majority
   e.g. Colvin v. Taylor · 219 F. Supp. 2d 977 - Lomholt v. Burt

2. “In applying this standard, `[t]he scope of our review ... is extremely limited.... We must presume that the trier of fact resolved all conflicting inferences in the record in favor of the state, and we must defer to that resolution.'”

   1 later decision quote this exact passage · from the majority
   e.g. Whitehead v. Dormire