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← 2001 WIAPP 138 - State v. Kimbrough

State v. Kimbrough’s Empirical Analysis

2001

Citation profile

48
cited by 48 later decisions
1
states following
April 2023
most recently cited

2 federal appellate · 46 state decisions

How this case has been cited

Cited by 48 later decisions — most recently April 2023 · most notably State v. Koller (2001), 2006 WI App 212 - State v. Williams (2006)

2 federal appellate · 46 state decisions

320200120102020decided

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 · 153 Wis. 2d 493 - State v. Poellinger · 92 Wis. 2d 797 - State v. MacHner · 153 Wis. 2d 121 - State v. Johnson · 28 Wis. 2d 412 - Gauthier 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “To establish an ineffective assistance of counsel claim, a defendant must show both that counsel's performance was deficient and that he or she was prejudiced by the deficient performance. A reviewing court may dispose of a claim of ineffective assistance of counsel on either ground. Consequently, if counsel's performance was not deficient the claim fails and this court's inquiry is done. We review the denial of an ineffective assistance claim as a mixed question of fact and law. We will not reverse the trial court's factual findings unless they are clearly erroneous. However, we review the two-pronged determination of trial counsel's effectiveness independently as a question of law.”
    5 later decisions quote this exact passage
  2. “is to determine whether defense counsel's performance was objectively reasonable according to prevailing professional norms.”
    3 later decisions quote this exact passage
  3. “outside the wide range of professionally competent assistance.”
    2 later decisions quote this exact passage

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.