Hoxsie v. Kerby’s Empirical Analysis
108 F.3d 1239 · 1997
Citation profile
45 federal appellate · 11 district · 2 state decisions
How this case has been cited
Cited by 111 later decisions — most recently September 2019 · most notably United States v. McVeigh (1998), Lambert v. Blackwell (1997)
45 federal appellate · 11 district · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Coleman v. Thompson · Brecht v. Abrahamson · Rose v. Lundy · Donnelly v. DeChristoforo
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 111 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]o rise to the level of constitutional ineffectiveness, [counsel's] decision ... must have been completely unreasonable, not merely wrong, so that it bears no relationship to a possible defense strategy.”
4 later decisions quote this exact passage · from the majority“there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different,”
4 later decisions quote this exact passage · from the majority“must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy.”
2 later decisions quote this exact passage · from the majoritye.g. Moore v. Gibson · Le v. Mullin
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.