Harvest v. Castro’s Empirical Analysis

Citation profile

1 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Court’s order was received by the California Attorney General ... on March 25, 2005, [two days after the district court issued the conditional writ]. Through counsel’s error, the order was simply filed and not transmitted to the District Attorney of Contra Costa County, where petitioner was tried. The error was discovered on July 22, when the District Attorney’s office inquired of the Attorney General’s office about the status of the case. The error in this matter occurred for a very simple reason. After advising the District Attorney of the Ninth Circuit’s modification of its opinion (in which modification the Ninth Circuit authorized the state to retry petitioner for murder or modify his conviction to second degree murder), counsel for respondent foolishly assumed that it was unnecessary for him to advise the District Attorney of the District Court’s order giving effect to the Ninth Circuit’s judgment. Counsel’s error was professionally inexcusable....”

   1 later decision quote this exact passage · from the majority
   e.g. Harvest v. Castro

2. “Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or (6) any other reason that justifies relief.”

   1 later decision quote this exact passage · from the majority
   e.g. Harvest v. Castro

3. “the Anti-Terrorism and Effective Death Penalty Act. Gonzalez, 545 U.S. at 531 , 125 S.Ct. 2641 . Like the other Civil Rules, Rule 60 applies only”

   1 later decision quote this exact passage · from the majority
   e.g. Harvest v. Castro