Cabrera v. Hinsley’s Empirical Analysis

Citation profile

8 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As long as a state prisoner has had an opportunity to litigate his Fourth Amendment claims by means of procedures that are “suitably crafted” to test for possible Fourth Amendment violations, a federal habeas court does not have the power, under Stone , to “second-guess the accuracy of the state courts’ resolution of those claims.” ... Thus, a “mistaken outcome” of a suppression hearing that has been conducted in a state trial court, standing alone, does not deny a habeas petitioner’s opportunity to fully and fairly litigate his Fourth Amendment claims.... Thus, even “potentially meritorious Fourth Amendment claims” are barred by Stone on habeas review if the petitioner had a full and fair opportunity to litigate his claims in the state courts.”

   1 later decision quote this exact passage · from the majority
   e.g. 889 F. Supp. 2d 1014 - Render v. Warden, Southern Ohio Correctional Facility

2. “(1) [a petitioner] has clearly informed the state court of the factual basis for that claim and has argued that those facts constitute a violation of his fourth amendment rights and (2) the state court has carefully and thoroughly analyzed the facts and (3) applied the proper constitutional case law to the facts.”

   1 later decision quote this exact passage · from the majority
   e.g. 450 F. Supp. 2d 888 - United States Ex Rel. Gecht v. Pierce

3. “a blunder, no matter how obvious, matters only in conjunction with other circumstances that imply refusal by the state judiciary to take seriously its obligation to adjudicate claims under the fourth amendment.”

   1 later decision quote this exact passage · from the majority
   e.g. Miranda v. Leibach