Gonzales v. Elo’s Empirical Analysis
233 F.3d 348 · 2000
Citation profile
20 federal appellate · 2 state decisions
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Coleman v. Thompson · Wainwright v. Sykes · Lindh v. Murphy · Ford v. Georgia
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, the court must determine that there is a state procedural rule that is applicable to the petitioner’s claim and that the petitioner failed to comply with the rule. Second, the court must decide whether the state courts actually enforced the state procedural sanction. Third, the court must decide whether the state procedural forfeiture is an “adequate and independent” state ground on which the state can rely to foreclose review of a federal constitutional claim.”
3 later decisions quote this exact passage · from the majority“Although the ultimate decision whether to testify rests with the defendant, when a tactical decision is made not to have the defendant testify, the defendant’s assent is presumed. This is so because the defendant’s attorney is presumed to follow the professional rules of conduct and is strongly presumed to have rendered adequate assistance in carrying out the general duty to advocate the defendant’s cause and the more particular duties to consult with the defendant on important decisions and to keep the defendant informed of important developments in the course of the prosecution. Barring any statements or actions from the defendant indicating disagreement with counsel or the desire to testify, the trial court is neither required to sua sponte address a silent defendant and inquire whether the defendant knowingly and intentionally waived the right to testify, nor ensure that the defendant has waived the right on the record.”
2 later decisions quote this exact passage · from the majority“This Court is satisfied that petitioner cannot establish that he was denied the effective assistance of counsel to which he is entitled. This Court does not believe that petitioner ever communicated to attorney Wilson information that would lead a reasonable attorney to believe that his confession was “involuntarily” given. He may have mentioned to attorney Wilson something about his wife’s “arrest” — but neither petitioner’s testimony nor Wilson’s testimony leads this Court to believe that Wilson had reason to believe that a basis for suppressing the confession existed.”
1 later decision quote this exact passage · from the majority
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.