551 F. Supp. 2d 652 - Hall v. Vasbinder’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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “I. THE FIFTH AMENDMENT PRIVILEGE AGAINST SELF-INCRIMINATION WAS VIOLATED WHERE THE PROSECUTOR ELICITED EVIDENCE OF DEFENDANT’S SILENCE IN PRIOR PROBATE COURT PROCEEDINGS AND THEN ARGUED TO THE JURY THAT IN PROBATE COURT IT WAS “THE GUILTY MAN BEING WHISPERED TO BY HIS LAWYER” WHO DID NOT TESTIFY THERE. U.S. CONST. AMEND. V AND XIV. II. IRRELEVANT AND HIGHLY PREJUDICIAL EVIDENCE BECAME THEMES AND WERE THE REPEATED FOCUS OF THIS TRIAL WHERE THE IMPROPER EVIDENCE ENHANCED THE PROSECUTION AND DESTROYED DEFENDANT’S RIGHT TO A FAIR TRIAL. U.S. CONST. AMEND. V, VI AND XIV, MICH. CONST. 1963 ART. 1, § 17, 20. III. WHERE THE PROSECUTOR EXTENSIVELY BERATED DEFENDANT’S CHARACTER BEFORE THE JURY WITH IMPERMISSIBLE EVIDENCE AND ARGUMENT TO THE JURY, A NEW TRIAL IS REQUIRED. IV. WHERE THE SENTENCING JUDGE FAILS TO RESOLVE OBJECTIONS TO THE SENTENCE INFORMATION REPORT (SIR) AND WHEN THE SENTENCE FOR CSC II AND OBSTRUCTION OF JUSTICE IS DISPROPORTIONATE TO THESE OFFENSES AND TO THE OFFENDER, THERE IS AN ABUSE OF SENTENCING DISCRETION REQUIRING RESENTENCING. V. DEFENSE COUNSEL’S FAILURE TO OBJECT TO IMPROPER EVIDENCE AND PROSECUTORIAL MISCONDUCT WAS CONSTITUTIONALLY INEFFECTIVE ASSISTANCE OF COUNSEL. U.S. CONST. AMEND. V, VI AND XIV.”

   1 later decision quote this exact passage · from the majority
   e.g. Hall v. Vasbinder

2. “Counsel said, then, back to the government. His words, I think, were “cobbled up a quick hearing, very little opportunity to testify”. I’d ask you this, how long does it take to prepare if all you’re gonna do is go in there and tell the truth? How big of a deal is it to go somewhere and answer a few questions if it’s the truth? It’s not a big deal. What’s a big deal is if it’s a lie and you’ve gotta cover all the bases and get to everybody and put something together. That’s why the Defendant didn’t testify at that hearing that Friday because they hadn’t been able to get Victoria [Easterday] up to get the grandparents handled and get all — get everything nailed down yet. He had to stay out of it because everybody didn’t have their stories straight. That was guilt working there and guilty knowledge. The truth is always the truth, it’s the truth the minute you’re asked; you don’t have to get it straight, it is straight.”

   1 later decision quote this exact passage · from the majority
   e.g. Hall v. Vasbinder

3. “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Feder al law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”

   1 later decision quote this exact passage · from the majority
   e.g. Hall v. Vasbinder