Carter v. Mitchell’s Empirical Analysis

Citation profile

1 federal appellate · 1 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he record indicates that Ray may be able to rebut the presumption that his Cronic claim was adjudicated on the merits in state court. Ray raised his critical stage claim in his state habeas petition and a supplemental motion. Specifically, Ray argued in his Supplemental Motion for Relief that his "defense was irretrievably lost by the trial court's failure to allow defense counsel's presence at the in-camera review, as well as the denial of the request for review of the record, as was requested by trial counsel.... A[nd] that period, moment, and event in the course of his criminal proceeding was a 'CRITICAL STAGE.' " The Wayne County Circuit Court characterized this claim as follows: "The court erred in failure to provide Straughter's relation with Romulus Police as an informant as revealed in an in-camera proceeding (raised in defendant's pro per supplemental motion, Oct. 16, 2008)." It then denied Ray's claim without any discussion of Cronic , the Sixth Amendment, or critical stage jurisprudence. Instead, the state court rejected Ray's argument based on its conclusion that, as a matter of state evidentiary law, Straughter's relationship with the police was irrelevant. Relevance, however, is not the proper inquiry for a constitutional claim under Cronic ; as mentioned above, the Cronic analysis turns on whether an individual was denied counsel during a critical stage of trial. The state court's analysis of Ray's Cronic claim, therefore, strongly suggests that the claim "w”

   1 later decision quote this exact passage · from the majority
   e.g. Ray v. Bauman

2. “The scope of a remand is determined by examining the entire order or opinion, to determine whether and how the court of appeals intended to limit a remand.”

   1 later decision quote this exact passage · from the majority
   e.g. McGowan v. Christiansen

3. “A district court is bound to the scope of the remand issued by the court of appeals.”

   1 later decision quote this exact passage · from the majority
   e.g. McGowan v. Christiansen