Gravley v. Mills’s Empirical Analysis

Citation profile

26 federal appellate · 4 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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In short, we do not find this to be a case where the evidence of guilt against 'the accused was overwhelming. The facts by themselves do not affirmatively prove [Petitioner’s] guilt or innocence. It is clear that [Petitioner’s] credibility, or lack thereof, was the dominant factor behind hi? conviction. However, the jury was never allowed to simply weigh the conflicting testimonies of the parties. Instead, it was reminded over and over again that if [Petitioner’s] version of events was really true he certainly would have come forward earlier. In the face of such misconduct, we simply cannot conclude the conviction was attained through a fair judicial process. See Martin v. Parker, 11 F.3d 613, 617 (6th Cir.1993) (‘[W]here, as here, the evidence of guilt is at best conflicting, egregious prosecutorial misconduct of this kind rises to the level of a constitutional deprivation, denying the defendant a fundamentally fair trial.’); see also United States v. Payne, 2 F.3d 706, 712 (6th Cir.1993); Sims v. Livesay, 970 F.2d 1575, 1581 (6th Cir.1992) (‘This is not a case where the evidence of the [Petitioner’s] guilt was so massive or multilayered as to render harmless defense counsel’s errors.’).””

   1 later decision quote this exact passage · from the majority
   e.g. 551 F. Supp. 2d 652 - Hall v. Vasbinder

2. “improper suggestions, insinuations, and, especially assertions of personal knowledge [by a prosecutor] are apt to carry much weight against the accused when they should properly carry none”). We have noted that this influence is even greater in cases involving sexual abuse because such cases”

   1 later decision quote this exact passage · from the majority
   e.g. Hall v. Vasbinder

3. “first erred when he introduced into the state's case in chief, prior to any testimony from Gravley, substantive evidence that Gravley chose to remain silent on the second occasion that he was interrogated by police.”

   1 later decision quote this exact passage · from the majority
   e.g. Hendrix v. Palmer