Henry v. Estelle’s Empirical Analysis

Citation profile

38 federal appellate · 3 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[o]nly if there are no permissible inferences the jury may draw from the evidence.”

   4 later decisions quote this exact passage · from the majority
   e.g. Tatlis v. Ylst · Coronel v. Oku

2. “'had substantial and injurious effect or influence in determining the jury's verdict.'”

   2 later decisions quote this exact passage · from the majority
   e.g. Bennett v. Deeds · Hammond v. Lewis E

3. “The instruction given to the jury, while advising them the former accusation and denial cannot be used to show appellant has bad character or a disposition to commit such acts but only to determine whether his out-of-court explanation of his conduct is genuine, of necessity required the jury to focus on the prior accusation to determine whether his present denial was not true. The only way such a determination could be made is to assume the earlier accusation was true. The instruction virtually requires the inference the first part of the instruction appears to forbid.”

   1 later decision quote this exact passage · from the majority
   e.g. Henry v. Estelle