Davis v. State’s Empirical Analysis
1989
Citation profile
59 state decisions
How this case has been cited
Cited by 59 later decisions — most recently November 2017 · most notably Russell v. State (1990), Murray v. State (1992)
59 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 · Anders v. California · United States v. Cronic · Albemarle Paper Co. v. Moody · Aragon v. State
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“strategic or tactical decisions made by trial counsel will not be second-guessed on review, unless those decisions are made upon a basis of inadequate preparation, ignorance of the relevant law, or other shortcomings capable of objective evaluation.”
3 later decisions quote this exact passagee.g. State v. Roles · State v. Fee“After conviction, the lawyer should explain to the defendant the meaning and consequences of the court’s judgment and the defendant’s right to appeal. The lawyer should give the defendant his or her professional judgment as to whether there are meritorious grounds for appeal and as to the probable results of an appeal. The attorney should explain to the defendant the advantages and disadvantages of an appeal. The decision to appeal must be the defendant’s own choice. Of greater importance is the duty of counsel to discuss frankly and objectively with the defendant the matters to be considered in deciding whether to appeal. Careful exploration should be made of the possible errors that could be pursued on appeal, their relative strengths and weaknesses, and the probable outcome of an appeal. Counsel should also attempt to learn and evaluate the doubts that the defendant may have about the adjudication of the case. To make the defendant’s ultimate choice a meaningful one, counsel’s evaluation of the case must be communicated in a comprehensible manner.”
1 later decision quote this exact passagee.g. Fox v. State“We are unpersuaded by Davis’ argument regarding his attorney’s failure to file a motion under I.C.R. 35 for a reduction of sentence. The attorney testified at the post-conviction hearing that the judge who had sentenced Davis had a propensity not to grant motions for a reduction of sentence, and therefore such a motion likely would not be successful in Davis’ case. The attorney communicated his opinion to Davis by the letter regarding an appeal, sent shortly after Davis’ incarceration. As with the appeal discussion, the attorney’s letter left the decision about a sentence reduction up to Davis. Davis failed to respond. Given Davis’ failure to follow up on the letter, the attorney was justified in not filing the Rule 35 motion. [Footnote omitted.]”
1 later decision quote this exact passagee.g. Murray v. State
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.