Fowler v. Joyner’s Empirical Analysis

Citation profile

5 federal appellate ·

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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) [T]he ineffective-assistance-of-trial-counsel claim is a substantial one; (2) the ‘cause’ for the default ‘consists] of there being no counsel or only ineffective counsel in during the state collateral review proceeding’; (3) ‘the state collateral review proceeding was the initial review proceeding in respect to the ineffective-assistance-of-trial-counsel claim’; and (4) state law ‘requires that an ineffective-assistance-of-trial-counsel claim be raised in an initial-review collateral proceeding.’ ””

   3 later decisions quote this exact passage · from the majority
   e.g. Robert Joyce v. Randall Mathena · Baker v. Clarke

2. “the opportunity of the witness to view the criminal at the time of the crime, the witness’ degree of attention, the accuracy of the witness’ prior description of the criminal, the level of certainty dem onstrated by the witness at the confrontation, and the length of time between the crime and the confrontation.”

   1 later decision quote this exact passage
   e.g. 593 F. App'x 189 - United States v. Darrell Harris

3. “the exclusion of such evidence is the exception to the rule that favors the admissibility of eyewitness identification for the jury's consideration.”

   1 later decision quote this exact passage
   e.g. United States v. Louis