Sidebottom v. Delo’s Empirical Analysis
46 F.3d 744 · 1995
Citation profile
52 federal appellate · 5 district · 12 state decisions
How this case has been cited
Cited by 114 later decisions — most recently March 2023 · most notably Antwine v. Delo (1995), State v. Brooks (1997)
52 federal appellate · 5 district · 12 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 · Jackson v. Virginia · Chapman v. State of California · Coleman v. Thompson · Teague v. Lane
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 114 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.”
2 later decisions quote this exact passage · from the majority“sound appellate strategy in the `process of winnowing out weaker arguments on appeal and focusing on those more likely to prevail.'”
2 later decisions quote this exact passage · from the majority“We conclude that the absence of evidence concerning any mental disease, defect, or extreme disturbance suffered by Sidebottom, coupled with counsel’s legitimate concern of exposing what clearly would have been damaging information, distinguishes this case from previous cases in which we have held that a failure to investigate and/or present evidence of mental disease or defect was both unreasonable and prejudicial. See, e.g., Hill v. Lockhart, 28 F.3d 832 (8th Cir.), cert. denied, 513 U.S. 1102 , 115 S.Ct. 778 , 130 L.Ed.2d 673 (U.S.1995): Kenley v. Armontrout, 937 F.2d 1298 (8th Cir.), cert. denied, 502 U.S. 964 , 112 S.Ct. 431 , 116 L.Ed.2d 450 (1991); Thomas v. Lockhart, 738 F.2d 304 (8th Cir.1984). Accordingly, we agree with the district court and the Missouri state courts that counsel performed a reasonable investigation and, after conferring with Sidebottom, made a strategic decision not to present a psychological defense or mitigating evidence. We have previously found that similar decisions do not constitute ineffective assistance of counsel. See, e.g., Whitmore v. Lockhart, 8 F.3d 614 (8th Cir.1993); Laws v. Armontrout, 863 F.2d 1377 (8th Cir.1988) (en banc), cert. denied, 490 U.S. 1040 , 109 S.Ct. 1944 , 104 L.Ed.2d 415 (1989); Wilkins v. Iowa, 957 F.2d 537, 540 (8th Cir.1992). Because we conclude that trial counsel was not ineffective, we do not reach the prejudice prong of the ineffective assistance of counsel analysis.”
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.