Amado v. Gonzalez’s Empirical Analysis
734 F.3d 936 · 2013
Citation profile
2 federal appellate · 1 district ·
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Brady v. State of Maryland · United States v. Bagley · United States v. Agurs · Giglio v. United States
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Now, what did Mr. Hardy say? Randall Amado or somebody that looks like him is the guy that he saw on January the 16th, 1997, carrying a gun. The only reason why he is going to say that, or say words to the effect of he’s possibly the guy that did the shooting is because he thinks that’s the guy who he saw on January the 16th, 1997, with a gun. That’s the only reason why you make that statement. The only reason. Now, why is Randall Amado carrying a gun to a fistfight? Is it because he himself thought this could possibly evolve into something else other than a fistfight? And if so, did he think in his own mind that the natural and probable consequences of agreeing to get into a fight could result in a shooting, so I better have myself armed before I go over there?”
1 later decision quote this exact passagee.g. Amado v. Gonzalez“Mr. Hardy is not the only person who put Mr. Amado at the scene. I don’t think that any more aggressive cross-examination — and he was aggressively cross-examined on behalf of Mr. Amado by Mr. Lapan about his observations and his ability to perceive, and I think that the jury had the benefit of everything that they possibly could have short of the information of the robbery, which in a perfect world they should have had. But I don’t know that it reaches the level that warrants a new trial. I therefore am going to respectfully deny the motion before me for new trial.”
1 later decision quote this exact passagee.g. Amado v. Gonzalez“firmly established” that California Penal Code § 1181(8) requires a party seeking a new trial to submit an attorney’s declaration describing when the evidence was discovered, in lieu of an attorney representation corroborating a witness’s declaration. See Lee v. Kemna, 534 U.S. 362 , 376, 122 S.Ct. 877 , 151 L.Ed.2d 820 (2002) (holding that the independent state ground must be”
1 later decision quote this exact passagee.g. Amado v. Gonzalez
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.