Hubbart v. Knapp’s Empirical Analysis

Citation profile

10 federal appellate · 3 district · 3 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under AEDPA, we again defer to the state court, which held that “there is no due process violation where the person was not in lawful custody at the time the petition was filed ... [provided that] custody ... resulted] from a good faith error rather than negligent or intentional wrongdoing. :¡{ ;j: ;}: The California appellate court concluded that “an SVPA commitment resulting from unlawful custody [does not] violate due process where, as here, the unlawful custody was the result of good faith error and where, as here, the SVP is provided with numerous procedural safeguards. SVPA safeguards include requirements that accused sexually violent predators receive diagnoses from two psychiatrists or psychologists, assistance of counsel, and trial by jury on proof beyond a reasonable doubt. As the state court concluded, “[a] person in unlawful custody who is alleged to be an SVP still has all of the procedural safeguards that the SVPA provides in order to decrease the risk of an erroneous liberty deprivation.””

   1 later decision quote this exact passage · from the majority
   e.g. Jackson v. California Department of Mental Health

2. “capable of repetition, yet evading review”

   1 later decision quote this exact passage · from the majority
   e.g. Moore v. Urquhart