Ellis v. Collins’s Empirical Analysis

Citation profile

20 federal appellate · 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Evidence that is newly discovered does not, in itself, entitle a petitioner to federal habeas relief. Federal courts do not retry facts already found by state courts. We are limited in habeas proceedings to assuring that the accused has been afforded the constitutional rights due him. See, Townsend v. Sain, 372 U.S. 293, 317 , 83 S.Ct. 745, 759 , 9 L.Ed.2d 770 (1963); Armstead v. Maggio, 720 F.2d 894, 896 (5th Cir. 1983); Boyd v. Puckett, 905 F.2d 895, 896 (5th Cir. 1990), cert, denied, ___ U.S.___, 111 S.Ct. 526 , 112 L.Ed.2d 537 (1990). The Supreme Court's recent grant of certiorari in Herrera v. Collins , does not alter this conclusion, especially in view of the High Court's refusal to grant a stay of execution. Herrera v. Collins, ___ U.S.___, 112 S.Ct. 1074 , [117] L.Ed.2d [279] (1992) granting cert, but denying stay to 954 F.2d 1029 (5th Cir.1992); Wicker v. McCotter, 798 F.2d 155, 157-58 (5th Cir. 1986) (capital habeas case) (we must continue to follow our precedent even when the Supreme Court grants certiorari on an issue, unless the Supreme Court says otherwise).”

   2 later decisions quote this exact passage · from the majority
   e.g. Ex Parte Herrera · O'Guinn v. Dutton

2. “[I]t is necessary to examine in each case whether a paper hearing is appropriate to the resolution of the factual dispute underlying the petitioner's claim.”

   1 later decision quote this exact passage · from the majority
   e.g. Nethery v. Collins