Evans v. Clarke’s Empirical Analysis

Citation profile

6 federal appellate · 2 district · 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Claims Nos. 3, 5, and 6, however, are unaffected by this analysis. The state appellate court has not yet considered them after full briefing by appointed counsel. So, insofar as these claims are concerned, the District Court was correct in provisionally granting the writ of habeas corpus. We shall affirm its judgment, but modify it so as to provide as follows: the writ will be granted unless, within such reasonable time as the District Court may fix, the Supreme Court of Nebraska reinstates Evans’s direct appeal and appoints counsel to brief for him (a) claims 3, 5, and 6 above; (b) any other claims counsel believes to be arguable—for example, questions of state law raised by the record, questions that would necessarily not be included in the list of 7 set out above, because that list includes only claims that would directly justify habeas relief; but not including (c) claims 1, 2, and 4, which the Nebraska Supreme Court has already fully considered and decided. If Evans loses this reinstated appeal, he is free to prosecute the pending habeas petition, including each of claims 1 through 6 above, subject, of course, to any claim of procedural default that the State might urge. To this end, we direct the District Court, after it modifies its order granting the writ as indicated above, to hold this petition on its docket for further proceedings as and when appropriate. The judgment is affirmed, as modified in this opinion, and the cause remanded to the District Court for further”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Evans

2. “3. Petitioner’s trial counsel rendered constitutionally ineffective assistance of counsel, in violation of the Sixth Amendment, in refusing to call petitioner’s brother-in-law as an alibi witness in the trial concerning the robberies at Jack & Mary’s Restaurant. 5. Petitioner’s right to a fair trial under the Sixth and Fourteenth Amendments were violated when the prosecutor—outside the presence of the judge, the petitioner, and his counsel—allegedly communicated with the jury inside the jury room, just prior to the returning of the verdicts in the trial of the Village Inn Pancake House and Gorat’s Steak House robberies. 6. Petitioner’s rights under the Due Process Clause of the Fourteenth Amendment were violated because the presentence report prepared by the probation office and used by the trial court in sentencing petitioner purportedly contained false, inaccurate, and misleading information.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Evans

3. “unless the state court reinstates his appeal and appoints counsel to brief all points of arguable merit.”

   1 later decision quote this exact passage · from the majority
   e.g. Lombard v. Lynaugh