Smith v. Hofbauer’s Empirical Analysis

Citation profile

36 federal appellate · 1 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(d) 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 at the State court proceedings.”

   4 later decisions quote this exact passage · from the majority
   e.g. Bigelow v. Williams · Hawkins v. Coyle

2. “The fact that it was not until Mickens that the Court expressly stated that Sullivan does not support such an expansion, and the fact that the Court said so in dicta, does nothing to change the fact that the rule sought by Petitioner was not clearly established federal law at the time of his conviction nor is at the current time.”

   1 later decision quote this exact passage · from the majority
   e.g. Schwab v. Crosby

3. “is not based upon clearly established Supreme Court precedent as mandated by AEDPA”

   1 later decision quote this exact passage · from the majority
   e.g. Schwab v. Crosby