Fisher v. Gibson’s Empirical Analysis
282 F.3d 1283 · 2002
Citation profile
31 federal appellate · 1 district · 10 state decisions
How this case has been cited
Cited by 58 later decisions — most recently December 2025 · most notably 153 Ohio St. 3d 497 - State v. Beasley (2018), Cargle v. Mullin (2003)
31 federal appellate · 1 district · 10 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 · Williams v. Taylor · In the Matter of Samuel Winship · Murray v. Carrier · Powell v. State of Alabama Patterson
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In sum, [trial counsel's] performance fell below objectively reasonable standards of professional attorney conduct. Counsel was deficient for failing to adequately investigate; failing through apparent ineptitude to act as a reasonably diligent and professional advocate; failing through his hostility to his client and his client's interests, and his apparent sympathy and assistance for the state's case, to act as his client's loyal advocate; failing to advance any defense theory, even that of holding the state to its burden of proof; and, under the circumstances, failing to make a closing argument.”
2 later decisions quote this exact passage · from the majority“The prejudice de *720 fendant must demonstrate is by less than a preponderance of the evidence: ‘a defendant need not show that counsel’s deficient conduct more likely than not altered the outcome of trial.’ ”
2 later decisions quote this exact passage · from the majority“the mere incantation of ‘strategy’ does not insulate attorney behavior from review.”
2 later decisions 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.