Houck v. Stickman’s Empirical Analysis

Citation profile

4 federal appellate · 1 district · 1 state decisions

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

1. “[E]vidence ... not discovered for use at trial because trial counsel was ineffective ... may be regarded as new provided that it is the very evidence that the petitioner claims demonstrates his innocence.”), and Gomez v. Jaimet, 350 F.3d 673 , 679-80 (7th Cir.2003) (”

   4 later decisions quote this exact passage · from the majority
   e.g. Kidd v. Norman · Rozzelle v. Secretary, Florida Department of Corrections

2. “Particularly in a case where the underlying constitutional violation claimed is the ineffective assistance of counsel premised on a failure to present evidence, a requirement that new evidence be unknown to the defense at the time of trial would operate as a roadblock to the actual innocence gateway. Here, the very premise of the ineffectiveness claim is that the trial counsel knew of yet failed to present evidence that Gomez is alleging proves his innocence. If procedurally defaulted ineffective assistance of counsel claims may be heard upon a showing of actual innocence, then it would defy reason to block review of actual innocence based on what could later amount to the counsel’s constitutionally defective representation. The burden for proving actual innocence in gateway cases is sufficiently stringent and it would be inappropriate and unnecessary to develop an additional threshold requirement that was not sanctioned by the Supreme Court.”

   1 later decision quote this exact passage · from the majority
   e.g. Kidd v. Norman

3. “Yet arguably it is unfair to a petitioner to apply the Amrine statement of the law in cases in which the petitioner claims that he had had ineffective assistance of counsel by reason of his attorney not discovering exculpatory evidence when the petitioner is relying on that very evidence as being the evidence of actual innocence in a gateway case to reach the ineffective assistance of counsel claim. As we have indicated, the rule that Amrine sets forth requires a petitioner, such as Houck, in effect to contend that his trial counsel was not ineffective because otherwise the newly presented evidence cannot be new, reliable evidence for Schlup purposes.”

   1 later decision quote this exact passage · from the majority
   e.g. Kidd v. Norman