Durrive v. United States’s Empirical Analysis
4 F.3d 548 · 1993
Citation profile
64 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 97 later decisions (1 by the Supreme Court) — most recently October 2018 · most notably United States v. Paladino (2005), Glover v. United States (2001)
64 federal appellate · 1 district · 1 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
Applies 18 U.S.C. § 3553 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Williams v. People of State of New York · Lockhart v. Fretwell · Jones v. Barnes · Kimmelman v. Morrison
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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Thus, an analysis focusing solely on mere outcome determination, without attention to whether the result of the proceeding was fundamentally unfair or unreliable, is defective. To set aside a conviction or sentence solely because the outcome would have been different but for counsel’s error may grant the defendant a windfall to which the law does not entitle him.”
3 later decisions quote this exact passage · from the majority“there is a reasonable probability that but for trial counsel's errors the defendant's non-capital sentence would have been significantly less harsh”
1 later decision quote this exact passage · from the majority“Grave errors by judge and counsel might make a sentence under the Guidelines 'unreliable or ... fundamentally unfair.'”
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.