Roe v. Delo’s Empirical Analysis
160 F.3d 416 · 1998
Citation profile
14 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 36 later decisions — most recently April 2024 · most notably United States v. Clayton (2000), State v. Roe (1999)
14 federal appellate · 2 district · 1 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 · Lindh v. Murphy · Jones v. Barnes · National Union Fire Insurance v. Helfand · Foy v. Northeast Suburban Life
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A]bsent contrary evidence, 'we assume that appellate counsel's failure to raise a claim was an exercise of sound appellate strategy.'”
2 later decisions quote this exact passage · from the majority“As to Count I, if you find and believe from the evidence beyond a reasonable doubt: First, that on September 10, 1989, in the City of St. Louis, State of Missouri, the defendant caused the death of James Donovan by shooting him, and Second, that defendant knew or was aware that his conduct was practically certain to cause the death of James Donovan or that it was the defendant’s purpose to cause serious physical injury to James Donovan, and Third, that defendant did so after deliberation, which means cool reflection upon the matter for any length of time no matter how brief, then you will find the defendant guilty under Count I of murder in the first-degree. However, unless you find and believe from the evidence beyond a reasonable doubt each and all of these propositions, you must find the defendant not guilty of murder in the first-degree. If you find the defendant guilty under Count I of murder in the first-degree, you will return a verdict finding him guilty of murder in the first-degree.”
1 later decision quote this exact passage · from the majoritye.g. State v. Roe“[T]he Sixth Amendment does not require that appellate counsel raise every colorable or non-frivolous issue on appeal. ... The decision to forgo a plain error claim is usually the result of a reasonable winnowing of weaker appellate claims. Therefore, we rarely conclude that an appellate attorney’s performance was constitutionally deficient for not raising such a claim.”
1 later decision quote this exact passage · from the majoritye.g. Williams v. Kemna
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.