Brown v. Artuz’s Empirical Analysis
124 F.3d 73 · 1997
Citation profile
39 federal appellate · 8 district · 21 state decisions
How this case has been cited
Cited by 130 later decisions — most recently May 2022 · most notably State v. Bey (1999), United States v. Gaskin (2004)
39 federal appellate · 8 district · 21 state decisions — followed in 12 states
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. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Boykin v. Alabama · Johnson v. Zerbst · Faretta v. California · Wainwright v. Sykes
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 130 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although counsel should always advise the defendant about the benefits and hazards of testifying and of not testifying, and may strongly advise the course that counsel thinks best, counsel must inform the defendant that the ultimate decision whether to take the stand belongs to the defendant, and counsel must abide by the defendant's decision on this matter.”
6 later decisions quote this exact passage · from the concurrence“[a] defendant’s right to testify in his own defense is personal and may not be waived by his attorney over the defendant’s opposition. Brown v. Artuz, 124 F.3d 73 (2d Cir.1997); Campos v. United States, 930 F.Supp. 787 , 789 (S.D.N.Y.1996). Trial counsel’s duty of effective assistance includes the responsibility to advise the defendant concerning the exercise of this constitutional right. Brown, 124 F.3d at 79 . “[A]ny claim by [a] defendant that defense counsel has not discharged this responsibility — either by failing to inform the defendant of the right to testify or by overriding the defendant’s desire to testify — must satisfy the two-prong test established in Strickland v. Washington for assessing whether counsel has rendered constitutionally ineffective assistance”: objectively unreasonable performance and prejudice. Id. (internal citations omitted).”
5 later decisions quote this exact passage · from the concurrence“[A] court need not determine whether counsel's performance was deficient before examining the prejudice suffered by the defendant as a result of the alleged deficiencies.... If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.”
4 later decisions quote this exact passage · from the concurrence
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.