Bennett v. Stirling’s Empirical Analysis

Citation profile

1 state decisions

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.

1. “Under Section 2254(d), as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), a federal court may not grant a state prisoner’s habeas petition unless the state court’s adjudication of the prisoner’s claim was legally or factually unreasonable. See 28 U.S.C. § 2254 (d); Pub. L. No. 104-132, § 104 , 110 Stat. 1214 , 1218-19 (codified at 28 U.S.C. § 2254 ). More precisely, Section 2254(d)(1) allows relief if the state court’s decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court.” § 2254(d)(1).... Section 2254(d)(2), in turn, permits relief where the state court’s decision “was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” § 2254(d)(2). A state court’s factual determinations are presumed correct, and the petitioner must rebut this presumption by clear and convincing evidence. § 2254(e)(1).”

   1 later decision quote this exact passage · from the majority
   e.g. Xavier Pinckney v. Harold Clarke