People v. Maxson’s Empirical Analysis

Citation profile

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

1. “"[A] case announces a new rule when it breaks new ground or imposes a new obligation on the States or the Federal Government." Penry v. Lynaugh , 492 U.S. 302 , 314, 109 S.Ct. 2934 , 106 L.Ed.2d 256 (1989) (citation omitted). Deciding whether a rule is "new" requires a court to determine * "whether 'a state court considering [the defendant's] claim at the time his conviction became final would have felt compelled by existing precedent to conclude that the rule [he] seeks was required by the Constitution.' " O'Dell v. Netherland , 521 U.S. 151 , 156, 117 S.Ct. 1969 , 138 L.Ed.2d 351 (1997) (emphasis added and citations omitted). If a reasonable jurist would not have felt compelled by existing precedent, then the rule is new. Beard v. Banks , 542 U.S. 406 , 413, 124 S.Ct. 2504 , 159 L.Ed.2d 494 (2004). In other words, the relevant question is not simply whether existing precedent might have supported the rule, but whether the rule "was dictated by then-existing precedent." Id . at 413, 124 S.Ct. 2504 (emphasis in original). [ Maxson , 482 Mich. at 388 -389 , 759 N.W.2d 817 (quotation marks omitted; alterations in original).]”

   1 later decision quote this exact passage · from the concurrence
   e.g. People v. Barnes

2. “To be considered to have detrimentally relied on the old rule, a defendant must have relied on the rule ... and have suffered harm as a result of that reliance.”

   1 later decision quote this exact passage · from the dissent
   e.g. People v. Barnes

3. “Thus, the first question under Teague is whether the rule in [ Lockridge ] constitutes a new rule.”

   1 later decision quote this exact passage · from the concurrence
   e.g. People v. Barnes