Breedlove v. Moore’s Empirical Analysis

Citation profile

33 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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] petitioner cannot be said to have ‘failed to develop’ relevant facts if he diligently sought, but was denied, the opportunity to present evidence at each stage of his state proceedings.”

   2 later decisions quote this exact passage · from the majority
   e.g. Johnston v. Luebbers · Hall v. Head

2. “An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim— (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”

   1 later decision quote this exact passage · from the majority
   e.g. Hall v. Head

3. ““A state court’s decision amounts to an ‘unreasonable application’ of federal law if it identifies the correct legal rule from Supreme Court case law, but applies that rule in an unreasonable manner to the facts of petitioner’s case.... This could also occur if the state court unreasonably extends, or declines to extend, a governing legal principle (as established by the Supreme Court case law) to a new context.... An unreasonable application of federal law does not refer to an incorrect or erroneous application, but rather to one that is objectively unreasonable.””

   1 later decision quote this exact passage · from the majority
   e.g. Perez v. Dept. of Corrections