Roden v. Solem’s Empirical Analysis
1988
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently August 2007
18 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
Relies on Strickland v. Washington · Kimmelman v. Morrison · State v. Spreigl · United States v. Iron Shell · United States v. Nick
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“While this court will not compare counsel's performance to that of some idealized "super-lawyer" and will respect the integrity of counsel's decision in choosing a particular strategy, these considerations must be balanced with the need to insure that counsel's performance was within the realm of competence required of members of the profession.”
3 later decisions quote this exact passage · from the dissente.g. Dillon v. Weber · Sprik v. Class“When reviewing trial counsel’s performance, “it is not our function to second guess the decisions of experienced trial attorneys regarding matters of tactics.” State v. Walker, 287 N.W.2d 705, 707 (S.D.1980). However, the legal counsel guaranteed by the Sixth Amendment requires defense counsel to “investigate and consider possible defenses” and “other procedures” and to “exercise his good faith judgment thereon.” Crowe v. State, 86 S.D. 264, 271 , 194 N.W.2d 234, 238 (1972). Generally, the making or failure to make motions and objections are trial decisions within the discretion of trial counsel. State v. Anderson, 387 N.W.2d 544 (S.D.1986); State v. Tchida, 347 N.W.2d 338 (S.D.1984). This general rule will not apply, however, where trial counsel’s actions cannot reasonably relate to any strategic decision and are clearly contrary to the actions of competent counsel in similar circumstances.”
1 later decision quote this exact passagee.g. Jenner v. Leapley“Generally, the making or failure to make motions and objections are trial decisions within the discretion of trial counsel. State v. Anderson, 387 N.W.2d 544 (S.D. 1986); State v. Tchida, 347 N.W.2d 338 (S.D.1984). This general rule will not apply, however, where trial counsel's actions cannot reasonably relate to any strategic decision and are clearly contrary to the actions of competent counsel in similar circumstances. (footnote omitted).”
1 later decision quote this exact passagee.g. Wabasha v. Leapley
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.