Couch v. Booker’s Empirical Analysis

Citation profile

7 federal appellate · 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If the applicant has failed to develop the -factual basis of a claim in State court proceedings, the court shall not hold an evidentiary hearing on the claim unless the applicant shows that— (A) the claim relies on— (i) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or (ii) a factual predicate that could not have been previously . discovered through the exercise of due diligence; and (B) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense.”

   3 later decisions quote this exact passage · from the dissent
   e.g. Robinson v. Howes · Keeling v. Warden

2. “[t]o make a reasoned judgment about whether evidence is worth presenting, one must know what it says.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Stermer v. Warren · Commonwealth v. Pruitt, M., Aplt.

3. “[w]hile the point of the Sixth Amendment is not to allow Monday-morning quarterbacking of defense counsel's strategic decisions, a lawyer cannot make a protected strategic decision without investigating the potential bases for it.”

   1 later decision quote this exact passage · from the dissent
   e.g. Stermer v. Warren