Majoy v. Roe’s Empirical Analysis

Citation profile

20 federal appellate · 2 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a petitioner must show that, in light of all the evidence, including evidence not presented at trial, `it is more likely than not that no reasonable juror would have found petitioner guilty beyond a reasonable doubt.'”

   3 later decisions quote this exact passage · from the majority
   e.g. Griffin v. Johnson · Johnson v. Knowles

2. “Q [By Defense Counsel]: When you reviewed these series of photographs in the past, it was your — you would agree that the person marked in F [Dominguez] is the one that most closely resembled the person that you saw down in the walkway on the night in question? A [By Backman]: The most logically, Yes, would be F. Q: Well, you say “most logically.” You’re basing that on color of skin? A: Yes .... That was my best logical conclusion that-of that particular type build and particular olive type skin. That’s why I best logically picked this particular photograph. Q: So the person in F [Dominguez] has the same colored olive skin that you saw on the person on the night in question? A: Yes. Q: This person has the same build as the person in the walkway? A: He appears to have the same build, Yes. Q: Do the eyes also appear to be the same? A: Yeah. They appear to be somewhat the same, Yes. Q: Now, the only part that you saw on the night in question was the part between my fingers just above his eyebrows and just below the tip of the nose? A: Correct. Q: And that's the very same description that you gave to the police officers right there and then when they came out a few minutes after you made these observations; Isn’t it? A: Yes. Q: Olive tone skin, the person was Hispanic or Asian? A: Yes. Q: Five foot eight to five nine? A: Yes. Q: A hundred and sixty pounds, athletic? A: Yes. Q: And he was about twenty-five years old? A: Roughly, give or take. I believe I may have mentioned somewhe”

   1 later decision quote this exact passage · from the majority
   e.g. 651 F. Supp. 2d 1065 - Majoy v. Roe

3. “Between 10:00 and 11:00 p.m., Roger Backman was visiting his mother in the apartment building next door to where the Woodmans lived. He heard five gunshots: two in rapid succession followed by a pause, and then three more in quick succession. Mr. Backman ran out to the balcony area. He looked down to the walkway which ran between the buildings. He then heard noises in some bushes which sounded like someone coming in his direction and someone else running in the opposite direction. Mr. Backman next saw a person come out of the bushes from the next building, and run along bushes which were next to a brick wall. The person came over the top of the wall and landed on the walkway of Mr. Backman’s mother s building. Mr. Backman still heard other rustling noises in the bushes, moving in the direction of the street, suggesting to him that someone else was going in that direction. When the man jumped the wall, Mr. Backman yelled down to him. The man stopped for a few seconds in a crouched position, and looked up. Mr. Backman could observe that the man was dressed in black from head to toe, including a black hood. Mr. Backman observed that the hood had eye openings and was secured around the neck. He did not believe that it was a sweatshirt-type hood. For the two or three seconds Mr. Backman observed the man, all he could see were the eyes. Before the man took off running north in the alley, Mr. Back-man looked at the person’s hands, out did not see any gun.”

   1 later decision quote this exact passage · from the majority
   e.g. 651 F. Supp. 2d 1065 - Majoy v. Roe