Gillard v. Mitchell’s Empirical Analysis
445 F.3d 883 · 2006
Citation profile
13 federal appellate · 4 state decisions
How this case has been cited
Cited by 31 later decisions — most recently August 2022 · most notably United States v. Deitz (2009), Fautenberry v. Mitchell (2008)
13 federal appellate · 4 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 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Brady v. State of Maryland · Williams v. Taylor · United States v. Bagley · Cuyler v. Sullivan
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Moss v. United States (6th Cir.2003), 323 F.3d 445 , 459 . Simultaneous and successive representation differs materially because in the latter, the attorney is no longer beholden to the former client. Because the Supreme Court has not held that successive representation gives rise to a presumption of prejudice, the Sullivan presumption does not necessarily control the successive representation cases. See, Gillard v. Mitchell (6th Cir.2006), 445 F.3d 883 , 891 . {¶ 78} Typically, in a successive representation case, the”
2 later decisions quote this exact passage · from the majority“when there is a reasonable probability that, had the evidence been disclosed, the result of the proceeding would have been different.”
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.