Sivak v. Hardison’s Empirical Analysis

Citation profile

18 federal appellate · 4 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “we first consider the Napue violations collectively and ask whether there is “any reasonable likelihood that the false testimony could have affected the judgment of the jury.” If so, habeas relief must be granted. However, if the Napue errors are not material standing alone, we consider all of the Napue and Brady violations collectively and ask whether “there is a reasonable probability that, but for [the errors], the result of the proceeding would have been different.” At both stages, we must ask whether the defendant “received ... a trial resulting in a verdict worthy of confidence.””

   1 later decision quote this exact passage · from the majority
   e.g. Phillips v. Ornoski

2. “mentally retarded” except where the term is used in quoted material. 2 . Under pre-AEDPA law: We review the district court's decision to grant habeas relief de novo. We review de novo questions of law and mixed questions of law and fact, whether decided by the district court or the state courts. The district court’s factual findings are reviewed for clear error. We therefore accept its findings”

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. Ryan

3. “It is irrelevant whether the defense knew about the false testimony ... because defendants [cannot] waive the freestanding ethical and constitutional obligation of the prosecutor as a representative of the government to protect the integrity of the court and the criminal justice system.... Whether defense counsel is aware of the falsity of the statement is beside the point.”

   1 later decision quote this exact passage · from the majority
   e.g. 183 Conn. App. 496 - Gaskin v. Commissioner of Correction