Policano v. Herbert’s Empirical Analysis

Citation profile

4 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “On March 30, 2001 (the date on which petitioner Policano’s conviction became final), under the law of the State of New York as established by, inter alia, People v. Gallagher, 69 N.Y.2d 525 , 516 N.Y.S.2d 174 , 508 N.E.2d 909 (1987), where the evidence produced at trial indicated that if the defendant committed the homicide at all, he committed it with the conscious objective of killing the victim, would a jury be permitted to find that the elements of depraved indifference murder were satisfied beyond a reasonable doubt?”

   1 later decision quote this exact passage · from the concurrence
   e.g. Policano v. Herbert

2. “[t]he Policano decision, if left to stand, may well unleash a rash of habeas challenges by other convicted New York State murderers.”

   1 later decision quote this exact passage · from the dissent
   e.g. Policano v. Herbert