Duhs v. Capra’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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The district court erred in its analysis by misapprehending the degree of deference accorded to state courts under federal habeas review. A petitioner requesting a writ of habeas corpus under § 2254 must show that the challenged state decision was ‘contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.’ 28 U.S.C. § 2254 (d)(1). Under that standard, a writ of habeas corpus will issue only if ‘a state court’s application of federal law ... is so erroneous that there is no possibility fair-minded jurists could disagree that the state court’s decision conflicts with [the Supreme] Court’s precedents.’ Nevada v. Jackson, — U.S. -, 133 S.Ct. 1990, 1992 , 186 L.Ed.2d 62 (2013) (per curiam) (internal quotation marks and citations omitted). Thus, even a showing of “clear error” will not suffice. White v. Woodall, — U.S. -, 134 S.Ct. 1697, 1702 , 188 L.Ed.2d 698 (2014). At the time the state courts addressed this case, it presented a close issue with no controlling Supreme Court precedent. Since the Supreme Court had never applied the ‘combined inquiry’ or objective understanding standards outside the law enforcement context, and indeed had suggested, albeit in passing dictum, that the Confrontation Clause might not apply at all to ‘statements to physicians in the course of receiving treatment,’ Giles [v. California], 554 U.S. [353] at 376 [ 128 S.Ct. 2678 , 171 L.Ed.2d 488 (2008) ], any arguable”

   1 later decision quote this exact passage
   e.g. 180 F. Supp. 3d 205 - Duhs v. Capra