Richey v. Mitchell’s Empirical Analysis
395 F.3d 660 · 2005
Citation profile
6 federal appellate · 2 state decisions
How this case has been cited
Cited by 24 later decisions (1 by the Supreme Court) — most recently May 2025
6 federal appellate · 2 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.
Appellate journey
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Williams v. Taylor · Coleman v. Thompson · Lindh v. Murphy · Warden, Maryland Penitentiary v. Hayden
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the analysis that a court might perform when deciding a motion for summary judgment. As the Fifth Circuit has explained, [the Court] need not find “that a reasonable jury could not have reached the same verdict if counsel had performed effectively.” Johnson v. Scott, 68 F.3d 106 , 109 n. 4 (5th Cir.1995). [Petitioner] “need not show that he could not have been convicted. Instead, he need only undermine [the Court’s] confidence in the trial’s outcome.” Foster [v. Lockhart, 9 F.3d 722 , 726 (8th Cir.1993) ].”
2 later decisions quote this exact passage · from the dissent“(1) the testimony of DuBois, who explained trial counsel’s limited oversight, supervision, and engagement; (2) the testimony of trial counsel, which illustrated the process (or lack thereof) by which he decided to hire DuBois, as well as his oversight (or lack thereof) over the course of DuBois’s scientific investí- gation; and (3) the testimony of Custer and Armstrong, who explained the type and quality of scientific analysis that a reasonably competent expert would have performed at the time of Richey’s trial.”
1 later decision quote this exact passage · from the majoritye.g. Richey v. Bradshaw“A defendant in a criminal case may apply for reopening of the appeal from the judgment of conviction and sentence, based on a claim of ineffective assistance of appellate counsel. An application for reopening shall be filed in the court of appeals where the appeal was decided within ninety days from journalization of the appellate judgment unless the applicant shows good cause for filing at a later time.”
1 later decision quote this exact passage · from the majoritye.g. Martin v. Hurley
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.