Dickerson v. Mitchell’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. “Dickerson claims that counsel were ineffective for failing to obtain mitigation evidence and present it during trial. Had counsel done so, Dickerson claims, counsel could have collected a host of mitigating evidence regarding his family background, including: 1. A father who denied his biological relationship with him; 2. The fact that Dickerson’s siblings may all have different fathers; 3. Dickerson experienced early problems with bed wetting and stuttering; 4. Dickerson’s mother referred to him as “the moron”; 5. Dickerson had an ideation attachment to his mother that resulted in his failure to develop a meaningful relationship with another woman; 6. Dickerson, was continually teased at school and became quiet and withdrawn; ■ 7. Dickerson was raised in an atmosphere of pimps, prostitutes, and drug dealers. The younger children generally had to fight their way home from school. Several homosexual advances were made upon Dickerson. 8. Dickerson’s relationships with women were unsuccessful. He fathered children with several women; 9. Dickerson’s relationship with Denise Howard centered around prostitution and drugs. He believed that he had contracted a venereal disease from.her. 10. Dickerson had a full-scale I.Q. of 77, placing him in the lower seven percent of cognitive ability; ■ 11. Psychological testing would have explained his prhhitive thinking, how it developed and the effect the combination of the above had oh his ability to make appropriate choices.' It would have r”

   1 later decision quote this exact passage · from the majority
   e.g. Dickerson v. Bagley

2. “[T]he Sixth District Court of Appeals did not unreasonably apply United States Supreme Court precedent in its post-conviction appeal opinion denying this claim. It stated: The record in this case and the affidavits provided by the appellant clearly indicate that the appellant’s trial counsel made strategic decisions concerning the presentation of witnesses and testimony during the mitigation phase of trial. Thus, the trial court correctly held that the appellant’s trial counsel did prepare and present mitigation evidence and that the type of mitigation evidence presented at the mitigation phase of the trial was the result of tactical decisions made by the appellant’s trial counsel. Strategy and tactical decisions exercised by defense counsel well within the range of professional reasonable judgment need not be analyzed by a reviewing court. Strickland, supra. State v. Dickerson, 2000 WL 28320 , at (Jan. 14, 2000). Although in summary form, the Sixth District’s opinion is not an unreasonable application of Strickland and its progeny.”

   1 later decision quote this exact passage · from the majority
   e.g. Dickerson v. Bagley