41 F. Supp. 2d 726 - French v. Jones’s Empirical Analysis

Citation profile

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

1. “A federal court must apply the presumption of correctness to state court findings of fact for habeas corpus purposes unless ■ convincing evidence is offered to rebut this presumption. Warren v. Smith, supra; 28 U.S.C. § 2254 (e)(1). A state appellate court’s findings of fact are also entitled to the presumption of correctness. Martin v. Rose, 744 F.2d 1245, 1252 (6th Cir.1984); Smith v. Perini, 723 F.2d 478, 480 (6th Cir.1983); cert. den. 466 U.S. 941 , 104 S.Ct. 1920 , 80 L.Ed.2d 466 (1984). Cases decided after the passage of the AEDPA have also applied the presumption of correctness to state appellate court findings of fact. Bocian v. Godinez, 101 F.3d 465, 467 (7th Cir.1996); Bowles v. Berge, 999 F.Supp. 1247 (E.D.Wis.1998). Additionally, when the record is ambiguous, a state appellate court’s factual findings are deemed to be fairly supported by the record, and thus presumed correct, when later challenged in federal habeas corpus proceedings. Palmer v. Estelle, 985 F.2d 456, 459 (9th Cir.1993); cert. den. 509 U.S. 928 , 113 S.Ct. 3051 , 125 L.Ed.2d 735 (1993). Finally, the presumption of correctness accorded by a federal habeas court to factual findings of a state court applies not only to a state court’s express factual findings,, but also, to the implicit resolution of disputes that can fairly be inferred from the state record. Armstrong v. Young, 34 F.3d 421, 426 (7th Cir.1994); cert. den. 514 U.S. 1021 , 115 S.Ct. 1369 , 131 L.Ed.2d 224 (1995) (cites omitted).”

   1 later decision quote this exact passage · from the majority
   e.g. Lakin v. Stine