107 F.3d -1294 - Sharp v. Johnson’s Empirical Analysis
107 F.3d 282 · 1997
Citation profile
5 federal appellate ·
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Wainwright v. Sykes · Murray v. Carrier · Schlup v. Delo · Lockhart v. Fretwell
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Our scrutiny of counsel's performance [is] 'highly deferential,' and we must make every effort 'to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time.' " Motley v. Collins, 18 F.3d 1223 , 1226 (5th Cir.) (quoting Strickland, 466 U.S. at 689, 104 S.Ct. at 2065), cert. denied, 513 U.S. 960, 115 S.Ct. 418, 130 L.Ed.2d 333 (1994). If, and only if, "we adjudge counsel's performance to have been deficient, then we must determine whether there exists a reasonable probability that but for the complained-of error the outcome of the trial or appeal would have been different.”
1 later decision quote this exact passagee.g. Pitts v. Anderson“we adjudge counsel's performance to have been deficient, then we must determine whether there exists a reasonable probability that but for the complained-of error the outcome of the trial or appeal would have been different.”
1 later decision quote this exact passagee.g. Pitts v. Anderson
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.