Munchinski v. Wilson’s Empirical Analysis

Citation profile

13 federal appellate · 2 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) The Bates report: a one-page report of trooper George F. Bates, dated January 6, 1978, relating an interview With Maria Caccia, who. indicated that Bowen had left Pennsylvania for Oklahoma on December 1,1977. (2)- The Goodwin/Powell-report: a report, dated December 20, 1977,’ written by Goodwin. In this report, Goodwin indicated that Deputy Coroner Jack Powell informed him that it was believed that the anal intercourse to which Alford was subjected would have taken place 24 hours prior to his death.’ (3) The Powell addendum: a typewritten summary of a phone call, attributed to Fayette County Deputy Coroner Jack Powell, dated December 14, 1977, indicating that the anal intercourse to which Alford was subjected possibly occurred “at least 24 hours” before his death. (4) The addendum to Alford’s autopsy: a one-page addendum to Alford’s autopsy report, dated December 17, 1977 and signed by Dr. Sava, indicating that the medical samples taken from Alford’s rectum were of blood group “A”. [Mun-chinski] avers, and the Superior Court concluded, that [his] blood group is “B”. Dr. Sava noted in this report that contamination of the samples by the contents of Alford’s own urethra “[could not] be entirely ruled out.” (5) The Mangiaearne/Carbone report: a report written by Corporal Mangia-carne, dated December 16,1980, relating his interview of ah individual named Elizabeth Carbone (“Carbone”). According to this report, Carbone described a detailed confession to the murders [of Alford ”

   1 later decision quote this exact passage · from the majority
   e.g. Munchinski v. Solomon

2. ““The diligence requirement ‘does not demand a showing that the petitioner left no stone unturned,’ Ramos-Martinez v. United States, 638 F.3d 315, 324 (1st Cir. 2011). Rather, ‘[t]o determine if a petitioner has been [reasonably] diligent in pursuing his petition, courts consider the petitioner’s overall level of care and caution in light of his or her particular circumstances.’ Doe v. Busby, 661 F.3d 1001, 1013 (9th Cir. 2011); see also Schlueter v. Varner, 384 F.3d 69, 74 (3d Cir. 2004) (‘Due diligence ... reqtdre[s] reasonable diligence in the circumstances.’). In other words, the diligence inquiry is fact-specific and 'depends on the circumstances faced by the particular petitioner; there are no bright line rules as to what conduct is insufficient to constitute reasonable diligence. If a petitioner ‘did what he reasonably'thought was necessary to preserve his rights ... based on information he received then he can hardly be faulted for not acting more “diligently” than he did.’ Holmes v. Spencer, 685 F.3d 51, 65 (1st Cir. 2012).””

   1 later decision quote this exact passage · from the majority
   e.g. Ward v. State

3. “Unfortunately, though the Superior Court’s opinion is lengthy, its reasoning is opaque. The memorandum is confusing, and at times internally inconsistent. As best we can understand, the Superior Court concluded that certain articles of evidence listed in the PCRA III petition as undisclosed by the prosecution were not raised on a timely basis, and thus could not be raised as independent claims. Nonetheless, because some of Munchinski’s claims were timely, the court concluded that it was required to consider all of the evidence raised in the PCRA III petition. In analyzing the merits of Munchinski’s Brady claims, the court considered each article of evidence in isolation, never considering the aggregate materiality of all of the withheld evidence. '”

   1 later decision quote this exact passage · from the majority
   e.g. Munchinski v. Solomon