Marshall v. Cathel’s Empirical Analysis
428 F.3d 452 · 2005
Citation profile
6 federal appellate ·
How this case has been cited
Cited by 11 later decisions — most recently March 2022
6 federal appellate ·
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
Relies on Strickland v. Washington · Williams v. Taylor · Wiggins v. Smith, Warden · Lockyer Attorney General of California v. Andrade · Bell Warden v. Cone
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, the defendant must show that counsel’s performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the “counsel” guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.”
1 later decision quote this exact passage · from the majority“An attorney's duty to investigate is itself judged under a reasonableness standard based on `prevailing professional norms[,]' such as those found in the ABA Standards for Criminal Justice.”
1 later decision quote this exact passage · from the majoritye.g. Outten v. Kearney“referred [to the ABA Standards for Criminal Justice] as guides to determining what is reasonable”
1 later decision quote this exact passage · from the majoritye.g. Outten v. Kearney
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.