Ortega v. Duncan’s Empirical Analysis
333 F.3d 102 · 2003
Citation profile
14 federal appellate · 3 district · 11 state decisions
How this case has been cited
Cited by 67 later decisions — most recently May 2021 · most notably Doe v. Menefee (2004), Locurto v. Giuliani (2006)
14 federal appellate · 3 district · 11 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Brady v. State of Maryland · Anderson v. City of Bessemer City · Townsend v. Sain · Herrera v. Collins · United States v. Wallach
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.
“when false testimony is provided by a government witness without the prosecution's knowledge, due process is violated ... if the testimony was material and the court [is left] with a firm belief that but for the perjured testimony, the defendant would most likely not have been convicted.”
2 later decisions quote this exact passage · from the majority“We agree with the district court as to Garner’s current suggestibility and give deference to its evaluation of the credibility of his recantation. We are nevertheless left with the conviction that the district court erred when it relied upon its credibility analysis to reach the conclusion that because Garner’s recantation was not believable, his testimony at Ortega’s trial must have been truthful.”
1 later decision quote this exact passage · from the majority“lack of veracity cannot, in and of itself, establish whether testimony given at trial was in fact truthful”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.