Davis v. Greiner’s Empirical Analysis
428 F.3d 81 · 2005
Citation profile
7 federal appellate · 1 state decisions
Relationships
Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Slack v. McDaniel · Anderson v. City of Bessemer City · Boykin v. Alabama · Johnson v. Zerbst
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under Strickland, [the] test for ineffective assistance of counsel consists of two separate prongs, both of which must be satisfied in order to establish a constitutional violation, A defendant must show both (1) that defense counsel’s performance fell “below an objective standard of reasonableness under prevailing professional norms” and (2) that “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.””
1 later decision quote this exact passage · from the majority“Our case law acknowledging that attorneys sometimes have strategic reasons for decisions that are later proven to be unsuccessful is inapposite in this case because [the attorney] could have had no appropriate strategic reason for failing to inform his client of the risks of preferring.”). 25 . Pham, 317 F.3d at 182-83 . 26 . 99 F.3d 492, 496 (2d Cir.1996) (”
1 later decision quote this exact passage · from the majority“[C]ounsel has a professional obligation to adequately inform [his] client about the considerations that are relevant to [his] client's decision to accept or deny a plea bargain.”); Pham v. United States, 317 F.3d 178, 182 (2d Cir.2003) (defense attorneys have”
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.