Lewis v. Huch’s Empirical Analysis

Citation profile

16 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This presumption applies to the factual findings of state appeal courts as 'well as state trial courts,”

   2 later decisions quote this exact passage · from the majority
   e.g. Wilson v. McCaughtry · Cuppett v. Duckworth

2. “applies to cases in which a state court of competent jurisdiction has made 'a determination after a hearing on the merits of a factual issue.' It makes no distinction between the factual determinations of a state trial court and those of a state appellate court. Nor does it specify any procedural requirements that must be satisfied for there to be a 'hearing on the merits of a factual issue,' other than that the habeas applicant and the State or its agent be parties to the state proceeding and that the state-court determination be evidenced by 'a written finding, written opinion, or other reliable and adequate written indicia.' Section 2254(d) by its terms thus applies to factual determinations made by state courts, whether the court be a trial court or an appellate court.... This interest in federalism recognized by Congress in enacting § 2254(d) requires deference by federal courts to factual determinations of all state courts.”

   1 later decision quote this exact passage · from the majority
   e.g. Cuppett v. Duckworth

3. “the determination of knowing and intelligent waiver is a factual inquiry. We therefore conclude that findings of a state court on questions of whether a defendant understood his or her rights and knowingly and intelligently waived them are entitled to the § 2254(d) presumption.”

   1 later decision quote this exact passage · from the majority
   e.g. Cuppett v. Duckworth