Newman v. Harrington’s Empirical Analysis
726 F.3d 921 · 2013
Citation profile
6 federal appellate ·
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Dusky v. United States · Harrington v. Richter · McNeill v. United States · Cullen v. Pinholster
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.
““Under § 2254(d)(1), ‘an unreasonable application of federal law is different from an incorrect application of federal law.’ [citation omitted] ‘A state court decision is an ‘unreasonable application of ... clearly established Federal law1 when the court applied Supreme Court precedent in ‘an objectively unreasonable manner.” [citation omitted] A ‘state prisoner must show that the state court’s ruling on the claim ... was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement.’ [citation omitted] Under § 2254(d)(1), ‘we presume that the courts’ factual determinations are correct unless [the petitioner] rebuts the presumption by clear and convincing evidence, [citation omitted] This standard is demanding, but not insurmountable. [citation omitted] As for § 2254(d)(2), federal courts conclude that a state court decision was based on an unreasonable determination of the facts ‘if it rests upon factfinding that ignores the clear and convincing weight of the evidence.’ [citation omitted]” Newman, 726 F.3d at 927-28 (emphasis in original).”
2 later decisions quote this exact passage · from the majority“whether there is a reasonable probability the defendant would have been found unfit had a hearing been held.”
1 later decision quote this exact passage · from the majoritye.g. Pierotti v. Harris“a defendant cannot readily feign the symptoms of mental retardation.”
1 later decision quote this exact passage · from the majoritye.g. Smith v. Sharp
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.