558 F. Supp. 2d 480 - Fernandez v. Smith’s Empirical Analysis
2008
Citation profile
2 federal appellate ·
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Jackson v. Virginia · In the Matter of Samuel Winship · Coleman v. Thompson · Wainwright v. Sykes · Murray v. Carrier
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Fernandez has made a colorable showing here that he is actually innocent of depraved indifference murder. While the evidence surely proved that he was guilty of manslaughter, as discussed below, his actions-even as described by the People at trial-simply did not constitute depraved indifference murder as a matter of law, and it would be manifestly unjust for him to serve a sentence for a crime that he did not commit.”
1 later decision quote this exact passage · from the majoritye.g. Petronio v. Walsh
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.