Cornman v. Armontrout’s Empirical Analysis

Citation profile

43 federal appellate ·

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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'some objective factor external to the defense impeded [his] efforts,' to raise the claim in the earlier”

   3 later decisions quote this exact passage · from the majority
   e.g. Island v. United States of America · Daniel P. Island v. United States

2. “[T]he government bears the burden of pleading abuse of the writ. The government satisfies this burden if, with clarity and particularity, it notes petitioner’s pri- or writ history, identifies the claims that appear for the first time, and alleges that prisoner has abused the writ. The burden to disprove abuse then becomes petitioner’s. To excuse his failure to raise the claim earlier, he must show cause for failing to raise it and prejudice therefrom as those concepts have been defined in our procedural default decisions. • The petitioner’s opportunity to meet the burden of cause and prejudice will not include an evidentiary hearing if the district court determines as a matter of law that petitioner cannot satisfy the standard. If petitioner cannot show cause, the failure to raise the claim in an earlier petition may nonetheless be excused if he or she can show that a fundamental miscarriage of justice would result from a failure to entertain the claim.”

   2 later decisions quote this exact passage · from the majority
   e.g. 802 F. Supp. 208 - Pickens v. Lockhart · 860 F. Supp. 631 - Richley v. Norris

3. “To make such a showing, a petitioner must do more than merely “call into question the reliability of an adjudication of legal guilt.” [Citation omitted]. The petitioner also must “show a fair probability that, in light of all the evidence, including that alleged to have been illegally admitted (but with due regard to any unreliability of it) and evidence tenably claimed to have been wrongly excluded or to have become available only after the trial, the trier of the facts would have entertained a reasonable doubt of his guilty.””

   1 later decision quote this exact passage · from the majority
   e.g. 860 F. Supp. 631 - Richley v. Norris