Morrison v. Duckworth’s Empirical Analysis

Citation profile

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

1. “Where the case involves a petition for writ of habeas corpus as opposed to a direct appeal, the habeas court must first determine whether the prosecutorial misconduct constituted constitutional error. See, e.g., United States ex rel. Smith v. Franzen, 660 F.2d 237 (7th Cir.1981). If the habeas court concludes that the prosecutor’s improper remarks did indeed constitute constitutional error, the standard to be applied is a strict one. A constitutional error will not be found harmless unless the court determines that it was harmless beyond a reasonable doubt. Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824, 828 , 17 L.Ed.2d 705 (1967). “(U)nless there is a reasonable probability that the improperly admitted (questions) contributed to the conviction, reversal is not required.” Schneble v. Florida, 405 U.S. 427, 432 , 92 S.Ct. 1056, 1059 , 31 L.Ed.2d 340 (1972). United States ex rel. Allen v. Franzen, 659 F.2d 745 (7th Cir.1981). If, on the other hand, the habeas court concluded that the prosecutorial misconduct does not rise to the level of constitutional error, the habeas court should apply the state’s harmless error rule. See, generally, Chapman v. California, 386 U.S. 18 at 21-22 , 87 S.Ct. 824 at 826-827 ; Donnelly v. DeChristoforo, supra, 416 U.S. [637] at 643, 647-48, 94 S.Ct. [1868] at 1871, 1873-1874 [ 40 L.Ed.2d 431 ].”

   1 later decision quote this exact passage
   e.g. 567 F. Supp. 427 - Osborne v. Duckworth