Hubbard v. Pinchak’s Empirical Analysis
378 F.3d 333 · 2004
Citation profile
10 federal appellate · 45 district ·
How this case has been cited
Cited by 68 later decisions (1 by the Supreme Court) — most recently July 2021 · most notably Souter v. Jones (2005), Goldblum v. Klem (2007)
10 federal appellate · 45 district ·
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.
Appellate journey
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Wainwright v. Sykes · Schlup v. Delo · Harris v. Reed · Bousley v. United States · Calderon v. Thompson
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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] substantial claim that constitutional error has caused the conviction of an innocent person is extremely rare. To be credible, such a claim requires a petitioner to support his allegations of constitutional error with new reliable evidence-whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence-that was not presented at trial. Because such evidence is obviously unavailable in the vast majority of cases, claims of actual innocence are rarely successful.”
1 later decision quote this exact passage · from the majoritye.g. Goldblum v. Klem“[t]he 'new' evidence Hubbard puts forth in alleging actual innocence is nothing more than a repackaging of the record as presented at trial.”
1 later decision quote this exact passage · from the majority“A defendant's own late-proffered testimony is not 'new' because it was available at trial.”
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.