Hovey v. Ayers’s Empirical Analysis

Citation profile

52 federal appellate · 1 district · 14 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 119 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) ‘failure to pursue strategies or remedies results in a loss of significant rights,’ (2) ‘skilled counsel would be useful in helping the accused understand the legal confrontation,' and (3) 'the proceeding tests the merits of the accused’s case.’ ” Hovey v. Ayers, 458 F.3d 892 , 901 (9th Cir. 2006) (quoting Menefield v. Borg, 881 F.2d 696 , 698-99 (9th Cir. 1989)). The Supreme Court has held that a”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Benford · United States v. Martinez

2. “Napue holds that the knowing use of false evidence by the state, or the failure to correct false evidence, violates due process. 360 U.S. at 269 , 79 S.Ct. 1173 , 3 L.Ed.2d 1217 . To prevail on a Napue claim, the petitioner must show that “(1) the testimony (or evidence) was actually false, (2) the prosecution knew or should have known that the testimony was actually false, and (3) ... the false testimony was material.” Hayes v. Brown, 399 F.3d 972, 984 (9th Cir.2005) (en banc) (omission in original) (internal quotation marks omitted). For the purpose of Napue claims, materiality is determined by whether “there is ‘any reasonable likelihood that the false testimony could have affected the judgment of the jury,’ ” in which case the conviction must be set aside. Belmontes, 414 F.3d at 1115 (quoting United States v. Agurs, 427 U.S. 97, 103 , 96 S.Ct. 2392 , 49 L.Ed.2d 342 (1976)). “Under this materiality standard, [t]he question is not whether the defendant would more likely than not have received a different verdict with the evidence, but whether in its absence he received a fair trial, understood as a trial resulting in a verdict worthy of confidence.” Hayes, 399 F.3d at 984 (alteration in original) (internal quotation marks omitted).”

   1 later decision quote this exact passage · from the majority
   e.g. Hoover v. Carey

3. “a step of a criminal proceeding, such as arraignment, that h[olds] significant consequences for the accused.” Bell, 535 U.S. at 696 , 122 S.Ct. 1843 . In at least one case, we melded the two”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Martinez