Hardaway v. Robinson’s Empirical Analysis
655 F.3d 445 · 2011
Citation profile
3 federal appellate · 1 state decisions
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Douglas v. People of State of California · Allen v. United States · Roe, Warden v. Flores-Ortega · Harrington v. Richter
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The disposition of an application for leave to appeal is within the discretion of the Michigan Court of Appeals, and is a preliminary step to having the case proceed as an appeal of right. See Mich. Ct. R. 7.205(D)(2), (3).... Only if the leave application is granted will the case proceed as an appeal of right. See Mich. Ct. R. 7.205(D)(3). Furthermore, unlike the appellant in an appeal of right, the applicant denied leave to appeal does not receive the benefit of oral argument. See Mich. Ct. R. 7.205(D)(1). Nor does the defendant have a right to appointed counsel on post-conviction review. ... Taken together, these differences render Michigan’s collateral post-conviction proceeding too unlike an appeal of right to constitute a sufficient substitute.”
1 later decision quote this exact passage · from the dissente.g. Glover v. Birkett“Hardaway shot and killed Norman Spruiel, a Detroit police officer, on October 2, 1993. Hardaway’s defense was that he did not know Spruiel was a police officer, and that he returned fire in self-defense. Officer Spruiel and his partner had been working undercover, investigating a murder near a body shop where Hardaway was employed. Believing the two men were about to rob the repair shop, Hardaway went home, retrieved a rifle, and returned to the shop. Shots were fired, and Officer Spruiel was fatally wounded. Both sides claimed the other shot first.”
1 later decision quote this exact passage · from the majoritye.g. Hardaway v. Burt“deprived [the defendant] of the appellate proceeding altogether.”
1 later decision quote this exact passage · from the dissente.g. Carter v. Parris
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.