Dando v. Yukins’s Empirical Analysis
461 F.3d 791 · 2006
Citation profile
18 federal appellate · 2 district · 3 state decisions
How this case has been cited
Cited by 57 later decisions — most recently March 2023 · most notably Ramonez v. Berghuis (2007), Fleming v. Metrish (2009)
18 federal appellate · 2 district · 3 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 · Mathews v. Eldridge · Williams v. Taylor · Hill v. Lockhart · Wiggins v. Smith, Warden
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”
10 later decisions quote this exact passage · from the majority“In considering the likely outcome of trial, the court 'need not determine to an absolute certainty that a jury would have acquitted * * * [r]ather, [the court] need only find a likelihood of a favorable outcome at trial.'”
2 later decisions quote this exact passage · from the majority“[T]he theory of Battered Woman’s Syndrome is not at odds with a reasonableness requirement — if anything, evidence of Battered Woman’s Syndrome can potentially bolster an argument that a defendant’s actions were in fact reasonable. Although those of us who are not so unfortunate to have to live with constant, imminent threats of violence might look at the actions of a defendant in [defendant’s] situation from the relative comfort of a judge’s chambers or a jury 'box and wonder what reasonable person would have facilitated [the] shocking crime spree, evidence of Battered Woman’s Syndrome can explain why a reasonable person might resort to such actions given a history of violent abuse and the imminent violent threats.”
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.