Clay v. Dormire’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Following the lead of the United States Supreme Court’s habeas corpus cases, and most recently Schlup v. Delo, 513 U.S. 298, 327 , 115 S.Ct. 851 , 130 L.Ed.2d 808 (1995) (full citation omitted), this Court holds that the manifest injustice or miscarriage of justice standard requires the habeas corpus petitioner “to show that ‘a constitutional violation has probably resulted in the conviction of one who is actually innocent,’ ” id. (quoting Murray v. Carrier, 477 U.S. 478, 496 , 106 S.Ct. 2639 , 91 L.Ed.2d 397 (1986)) (full citation omitted), and further, “[t]o establish the requisite probability, the petitioner must show that it is more likely than not that no reasonable juror would have convicted him in the light [of new evidence of innocence].” Id. As explained in Schlup and earlier cases, the actual innocence component of the miscarriage of justice standard is “a gateway through which a habeas petitioner must pass to have his otherwise barred constitutional claim considered on the merits, [and] ... [without any new evidence of innocence, even the existence of a concededly meritorious constitutional violation is not in itself sufficient to establish a miscarriage of justice....” Id. at 315-16, 115 S.Ct. 851 (quoting Herrera v. Collins, 506 U.S. 390, 404 , 113 S.Ct. 853 , 122 L.Ed.2d 203 (1993)) (full citation omitted).”

   1 later decision quote this exact passage
   e.g. State Ex Rel. Koster v. McElwain

2. “the petitioner must show that it is more likely than not that ‘no reasonable juror would have found the defendant guilty’ beyond a reasonable doubt. [Schlup ] at 328-29. The manifest injustice standard may also be satisfied where evidence of innocence is coupled with a showing of constitutional error at trial. Id. at 316 .”

   1 later decision quote this exact passage
   e.g. Brown v. State

3. “A circuit court only upon its own motion and not that of the state or the defendant shall have the power to grant probation to a defendant anytime up to one hundred twenty days after such defendant has been delivered to the custody of the department of corrections but not thereafter.”

   1 later decision quote this exact passage
   e.g. Covey v. Moore