Walker v. Al Lockhart’s Empirical Analysis

Citation profile

14 federal appellate · 3 district ·

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. “First, Linda Ford, the passenger in the middle seat of the Oldsmobile driven by Kumpe testified that after she was pushed into the car Walker sat to her right with a gun on her. [R. II, 605.] When the car stopped at the scene, Ford saw Officer Vaughan approach the passenger side of the car and saw that Walker still had the pistol out. [R. II, 607-08.] When the door opened, Walker started firing. [R. II, 608.] She then heard several shots. [R. II, 608.] She knew that Walker had fired first because she could see the fire from Officer Vaughan’s gun when he fired. [R. II, 609.] Second, Thomas Short, the cab driver who arrived on the scene almost contemporaneously with Officer Vaughan, saw Vaughan approach the passenger side of the Oldsmobile and bend over looking into the window to talk to someone. [R. II, 518; H. I, 2933-94.] After a few seconds, the car door suddenly opened. [R. II, 518.] Officer Vaughan jumped backwards, pulling his gun as he did so. [R. II, 518; H. I, 295.] While Vaughan was dancing backwards, Short heard a shot and saw Vaughan’s feet fly out from under him. [R. II, 519.] Altogether, Short heard one shot and a pause and then four or five more shots fired in succession, “real rapid like.” [H. I, 295.] After the shooting was over, Short walked around and saw one of the «police officers kick a gun out of Walker’s hand. [H. I, 298.] When Walker was turned over, Short saw another gun underneath him. [H. I, 299.] Finally, Captain Paul McDonald, a qualified ballisti”

   1 later decision quote this exact passage · from the majority
   e.g. 598 F. Supp. 1410 - Walker v. Lockhart

2. “The district court heard evidence on only two of the three grounds since the claim of newly discovered evidence was candidly abandoned at the outset of the hearing. [H. II, 173-74.] The district court considered Walker’s due process claim and found it to be without merit. Although Walker’s counsel decided to abandon this claim following presentation of the evidence, the district court found there was no credible evidence in the record to report it. [H. II, 365, 499.] Finally, the district court ruled that Walker’s claim of ineffective assistance of counsel was unsustainable. At the habeas hearing Walker’s former counsel who had assisted in representing him at trial clearly testified that he was not intimidated. [H. II, 369, 500.] The district court found that Walker had received an excellent defense by two experienced attorneys, that there was no intimidation by the trial judge or by the North Little Rock Police Department, and that Walker’s defense had been praised in glowing terms by this court. [H. II, 499-500.]”

   1 later decision quote this exact passage · from the dissent
   e.g. 598 F. Supp. 1410 - Walker v. Lockhart

3. “ends of justice” criterion and § 2244(b) does not, both contemplate dismissal of a second or successive application only if the prior determination represents a decision on the merits. See also Rule 9(b), Rules Governing Section 2254 Cases in the United States District Courts, set forth at 28 U.S.C. foil. § 2254 (dismissal permitted, inter alia, only if prior decision was on the merits). 19 . Sanders relied upon Hobbs in reaching the identical proposition in the context of successive applications by federal prisoners under 28 U.S.C. § 2255 :”

   1 later decision quote this exact passage · from the majority
   e.g. Johnson v. Lumpkin