Lewis v. Wilkinson’s Empirical Analysis

Citation profile

9 federal appellate · 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] federal habeas court making the “unreasonable application” inquiry should ask whether the state court’s application of clearly established federal law was objectively unreasonable.... [A]n unreasonable application of federal law is different from an incorrect application of federal law.... Under § 2254(d)(l)’s “unreasonable application” clause, then, a federal habeas court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly. Rather, that application must also be unreasonable.”

   17 later decisions quote this exact passage · from the majority
   e.g. Bulger v. Curtis · Benoit v. Bock

2. “distinguished between a “general attack” on the credibility of a witness — in which the cross-examiner “intends to afford the jury a basis to infer that the witnesses] character is such that he would be less likely than the average trustworthy citizen to be truthful in his testimony” — and a more particular attack on credibility “directed toward revealing possible biases, prejudices, or ulterior motives as they may relate directly to issues or personalities in the case at hand.””

   3 later decisions quote this exact passage · from the majority
   e.g. Jordan v. Warden · 625 F. Supp. 2d 434 - Morningstar v. Haney

3. “I can’t believe the trial’s only a week away. I feel guilty (sort of) for trying to get [the petitioner] locked up, but his lack of respect for women is terrible.... He was trying to get with Holly and me, and all the while he had a girlfriend. I think I pounced on [the petitioner] because he was the last straw. That, and because I’ve always seemed to need some drama in my life. Otherwise, I get bored. That definitely needs to change. I’m sick of men taking advantage of me ... and I’m sick of myself for giving in to them. I’m not a nympho like all those guys think. I’m just not strong enough to say no to them. I’m tired of being a whore. This is where it ends.”

   1 later decision quote this exact passage · from the majority
   e.g. Dustin Wiecek v. Blaine Lafler