Hall v. Zenk’s Empirical Analysis
692 F.3d 793 · 2012
Citation profile
6 federal appellate · 2 state decisions
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on United States v. Olano · Williams v. Taylor · Brecht v. Abrahamson · Estelle v. McGuire · Smith v. Phillips
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Due to concerns of federalism, finality, and comity that attend habeas proceedings, a habeas petitioner must show that a constitutional error was not harmless to succeed on his petition, [citation omitted] More specifically, he must show that the constitutional error had a ‘substantial and injurious effect’ on the outcome of his case, [citation omitted] This is, in effect, an ‘actual prejudice’ test, [citation omitted] The Remmer presumption is meant to protect against the potential Sixth Amendment harms of extraneous information reaching the jury, but a state court’s failure to apply the presumption only results in actual prejudice if the jury’s verdict was tainted by such information, [citations omitted] Thus, [the petitioner] must now prove what he allegedly failed to prove to the [state] courts: that he was likely prejudiced by the intrusion upon his jury. It is enough, however, that we have ‘grave doubt as to the harmlessness of [a constitutional error]’ to grant relief, [citation omitted]” Hall, 692 F.3d at 805 .”
1 later decision quote this exact passage · from the dissent“limit the questions asked thé jurors to whether the communication was made and what it contained, and then, having determined that communication took place and what exactly it said, to determine—without asking the jurors anything further and emphatically without asking them what role the communication played in their thoughts or discussion—whether there is a reasonable possibility that the communication altered their verdict.”
1 later decision quote this exact passage · from the dissent“may be indicative of a lack of clarity in the Supreme Court's jurisprudence.”
1 later decision quote this exact passage · from the majority
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.