Ashker v. Solem’s Empirical Analysis
1990
Citation profile
27
cited by 27 later decisions
1
states following
July 2007
most recently cited
4 federal appellate · 1 district · 21 state decisions
Relationships
Relies on Strickland v. Washington · Brady v. State of Maryland · United States v. Bagley · United States v. Agurs · 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) First, that counsel's performance was deficient, and (2) Second, that the deficient performance prejudiced the defense. Prejudice exists when there is reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome. The burden of proving prejudice rests upon the defendant. The defendant must overcome the strong presumption that counsel was competent.”
3 later decisions quote this exact passage“[e]vidence is favorable where it creates a reasonable doubt that did not otherwise exist .... [and] `material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.'”
2 later decisions quote this exact passagee.g. State v. Fowler · Black v. Class“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 passagee.g. Adams 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.