Wilhelm J. Muhlenbroich v. Robert A. Heinze, Warden’s Empirical Analysis

Citation profile

12 federal appellate · 1 district ·

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

1. ““It is clear that a federal district judge may dismiss a habeas corpus petition of a state prisoner without hearing when, as a matter of law, the facts alleged in the petition do not constitute grounds for relief in a federal court. Brown v. Allen, 1953, 344 U.S. 443 , 73 S.Ct. 397 , 97 L.Ed. 469 , * * * ; 28 U.S.C. § 2243 . However, when it is not possible to dispose of the petition on purely legal grounds, the court must determine ‘by examination of the record whether or not a hearing would serve the ends of justice.’ Brown v. Allen, supra, * * *, 344 U.S. at page 464 , 23 S.Ct. at page 411. While in general a petitioner is entitled to a hearing when issues of fact must be resolved, Walker v. Johnston, 1941, 312 U.S. 275 , 61 S.Ct. 574 , 85 L.Ed. 830 , this is not necessary when a state court has already adjudicated the factual issue adversely to the petitioner. In such cases a federal district judge may rely on state court adjudication of fact, and, in his discretion, direct his inquiry only to whether the state court adjudication is without vital flaw. Thomas v. State of Arizona, 1958, 356 U.S. 390 , 78 S.Ct. 885 , 2 L.Ed.2d 863 ; Brown v. Allen, supra.””

   1 later decision quote this exact passage · from the majority
   e.g. In re Thompson