Desai v. Booker’s Empirical Analysis

Citation profile

4 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.”

   2 later decisions quote this exact passage · from the majority
   e.g. Issa v. Bradshaw · 573 F. Supp. 2d 964 - Miller v. Stovall

2. “While we disagree with the district court’s resolution of this issue, that still leaves Desai the option of renewing his other habeas challenges on remand. He also has raised the argument that the introduction of Adams’[s] non-testimonial hearsay statement violates due process, a theory he has yet to exhaust in state court. Because Desai had no reason to raise this claim at his criminal trial or in the Michigan court of appeals in view of the existing Roberts doctrine, the district court may wish to give him an opportunity to exhaust that claim in the state courts now.”

   1 later decision quote this exact passage · from the dissent
   e.g. Desai v. Booker

3. “[ Section] 2254 relief thus is available only to state prisoners who currently are being held in violation of an existing constitutional right, not to inmates who at one point might have been able to show that [under] a since-overruled Supreme Court or lower court precedent [they] would have [been entitled to] relief.”

   1 later decision quote this exact passage · from the majority
   e.g. Mitchell v. Superintendent Dall. SCI