Duncan v. Kerby’s Empirical Analysis
1993
Citation profile
3 federal appellate · 116 state decisions
How this case has been cited
Cited by 127 later decisions — most recently April 2023 · most notably Commonwealth v. Grant (2002), State v. Bernal (2006)
3 federal appellate · 116 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
Relies on Strickland v. Washington · Mascarenas v. Jaramillo · Gallegos v. Citizens Insurance Agency · Frazier v. Bryan Memorial Hospital Authority · United States v. Owens
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 127 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When this Court addresses the propriety of a lower court’s grant or denial of a writ of habeas corpus based on ineffective assistance of counsel, findings of fact of the trial court concerning the habeas petition are reviewed to determine if substantial evidence supports the court’s findings. Questions of law or questions of mixed fact and law, however, including the assessment of effective assistance of counsel, are reviewed de novo.”
2 later decisions quote this exact passage“may not adequately document the sort of evidence essential to a determination of trial counsel's effectiveness [,]”
2 later decisions quote this exact passagee.g. State v. Dylan J. · State v. Miera“[a] habeas corpus petitioner will not be precluded, however, from raising issues in habeas corpus proceedings that could have been raised on direct appeal either when fundamental error has occurred, [ State v. ] Gillihan, 86 N.M. [439], 440, 524 P.2d [1335], 1336 [(1974)], or when an adequate record to address the claim properly was not available on direct appeal.”
1 later decision quote this exact passagee.g. Campos v. Bravo
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.