Mapes v. Tate’s Empirical Analysis

Citation profile

13 federal appellate · 1 district · 4 state decisions

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

1. “presented with] a very narrow question: whether Mapes was deprived of effective assistance of appellate counsel in violation of the Sixth Amendment. Contrary to Mapes’s contention, determination of this issue does not require us to decide the underlying issue whether Mapes’s Eighth Amendment rights were violated at sentencing. As we stated repeatedly in Mapes I, Mapes’s underlying claims were not raised on direct appeal and are thus barred by procedural default, an adequate and independent ground for affirming his sentence. Mapes [v. Coyle (Mapes I)], 171 F.3d [408,] 419, 424, 427 [ (6th Cir.1999) ]. We further pointed out in Mapes I that these underlying claims are “relevant only insofar as [they] bear[] on the question whether appellate counsel was unconstitutionally ineffective in failing to raise [them].” Id. at 427.”

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

2. “(1) Were the omitted issues “significant and obvious”? (2) Was there arguably contrary authority on the omitted issues? (3) Were the omitted issues clearly stronger than those presented? (4) Were the omitted issues objected to at trial? (5) Were the trial court’s rulings subject to deference on appeal? (6) Did appellate counsel testify in a collateral proceeding as to his appeal strategy and, if so, were the justifications reasonable? (7) What was appellate counsel’s level of experience and expertise? (8) Did the petitioner and appellate counsel meet and go over possible issues? (9) Is there evidence that counsel reviewed all the facts? (10) Were the omitted issues dealt with in other assignments of error? (11) Was the decision to omit an issue an unreasonable one which only an incompetent attorney would adopt?”

   1 later decision quote this exact passage · from the majority
   e.g. 603 F. Supp. 2d 960 - Matthews v. Simpson

3. “there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.”

   1 later decision quote this exact passage · from the majority
   e.g. Ronald R. Harries/cross, v. Ricky Bell, Warden.