Nash v. Eberlin’s Empirical Analysis

Citation profile

6 federal appellate ·

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

1. “On December 11, 2001, Connie Nash (“Connie”) received a call at the nursing home where she worked from her husband’s girlfriend. After finishing her shift at work, Connie came home and found Nash and a friend in the Nashes’ kitchen playing cards. Connie told Nash’s friend to leave so that she could speak with Nash. As he was standing up, Nash bumped Connie with his chair, and she “started swinging on him.” Nash got out of his chair and grabbed Connie, and they began to fight. She tripped over a highchair and fell down. The Nashes’ adult son, Darell Nash, Jr. (“Darell Jr.”), and their nephew, William Jeter, heard the noise and came up from the basement; they found Connie and Nash screaming at each other. Nash ran upstairs and then returned with a .9-millimeter handgun. 1 The handgun was loaded. Upon seeing the gun, Darell Jr. grabbed Nash, which caused the gun to fire into the ground. Connie went into the Nashes’ daughter’s room, and Nash followed her. Darell Jr. again grabbed Nash, and the gun fired into the wall. 2 Nash then put the gun away upstairs and left the house in his car. Connie called the police, who came to the Nashes’ house. Nash called the house while the police were there, and a detective listened in while Darell Jr. spoke with Nash on the phone. According to the detective, Nash stated, “[S]he did it this time. You can tell her she doesn’t have a job any longer because I’m going to F’ing kill her.” State v. Nash, No. 2002CA00106, 2003 WL 139783 , at (Ohio Ct.Ap”

   1 later decision quote this exact passage · from the majority
   e.g. Nash v. Eberlin

2. “If the applicant challenges the sufficiency of the evidence adduced in such State court proceeding to support the State court’s determination of a factual issue made therein, the applicant, if able, shall produce that part of the record pertinent to a determination of the sufficiency of the evidence to support such determination. If the applicant, because of indigency or other reason is unable to produce such part of the record, then the State shall produce such part of the record and the Federal court shall direct the State to dó so by order, directed to an appropriate State official. If the State cannot provide such pertinent part of the record, then the court shall determine under the existing facts and circumstances what weight shall be given to the State court’s factual determination.”

   1 later decision quote this exact passage · from the dissent
   e.g. Kraus v. Taylor

3. “(A) No person, without privilege to do so, shall knowingly do any of the following: (1) Discharge a firearm at or into an occupied structure that is a permanent or temporary habitation of any individual____ Ohio Rev.Code § 2923.161. The state appellate court concluded that conviction pursuant to § 2923.161 was against the manifest weight of the evidence because "there is no evidence that appellant discharged his firearm at or into a habitation.” Nash, 2003 WL 139783 , at (emphasis added).”

   1 later decision quote this exact passage · from the dissent
   e.g. Nash v. Eberlin