Public-domain · open source
OpenJurist
← 295 F.3d 137 - Mello v. DiPaulo

Mello v. DiPaulo’s Empirical Analysis

295 F.3d 137 · 2002

Citation profile

28
cited by 28 later decisions
1
states following
June 2017
most recently cited

12 federal appellate · 13 district · 1 state decisions

Relationships

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Strickland v. Washington · Williams v. Taylor · Sims v. State of Georgia · Commonwealth v. Saferian · Commonwealth v. Wright

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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “a probability[,] sufficient to undermine confidence in the outcome,”
    3 later decisions quote this exact passage · from the majority
  2. “(1) that 'counsel's representa­ tion fell below an objective standard of reasonableness' and (2) 'a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.'”
    2 later decisions quote this exact passage · from the majority
  3. “[T]he SJC rejected [the petitioner’s] ineffective assistance of counsel claims under a “substantial likelihood of a miscarriage of justice” standard that the SJC says is more favorable to a defendant than the Saferian standard, which we have said is the functional equivalent of the Strickland standard. We therefore conclude that the SJC applied a standard of ineffective assistance of counsel that is at least as favorable to [the petitioner] as the federal standard.”
    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.