Policano v. Herbert’s Empirical Analysis

Citation profile

9 federal appellate · 1 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”

   2 later decisions quote this exact passage · from the majority
   e.g. 768 F. Supp. 2d 493 - Baker v. Kirkpatrick · Policano v. Herbert

2. “This evidence plainly supports a rational finding by the jury that [the defendant’s] conscious objective [wa]s to cause [the victim’s] death. As the district court pointed out, by shooting [the victim] three times in the head and neck, [the defendant] was not recklessly creating a grave risk of death, but was creating a virtual certainty of death born of an intent to kill. Conversely, the evidence does not support a rational finding by a jury that [the defendant’s] firing of a nine-millimeter gun three times into [the victim’s] head and neck from close range was an act of conscious[ ] disregard of the risk that [the victim] would die as a result. There is no evidence in the record that [the defendant] meant to threaten or frighten [the victim], that the gun fired accidentally, or that [the defendant] acted otherwise than with the deliberate intent to kill.”

   1 later decision quote this exact passage · from the majority
   e.g. Guzman v. Greene

3. “A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.”

   1 later decision quote this exact passage · from the majority
   e.g. Guzman v. Greene