484 So. 2d 531 - Luke v. State’s Empirical Analysis
1985
Citation profile
66 state decisions
How this case has been cited
Cited by 66 later decisions — most recently December 2017 · most notably 629 So. 2d 6 - Hallford v. State (1993), Boyd v. State (2003)
66 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 · United States v. Cronic · Truong Dinh Hung v. United States · New York v. Ferber · Goldstein v. Garrity
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`Judicial scrutiny of counsel's performance must be highly deferential. It is all too tempting for a defendant to second-guess counsel's assistance after conviction or adverse sentence, and it is all too easy for a court, examining counsel's defense after it has proved unsuccessful, to conclude that a particular act or omission of counsel was unreasonable. A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time. Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action "might be considered sound trial strategy.”
17 later decisions quote this exact passage“"Counsel's performance is not deficient or inadequate where he is unable to interview a potential witness because of unwillingness of the witness to talk with him. Lindhorst v. United States , 658 F.2d 598 , 604 (8th Cir. 1981), cert. denied, 454 U.S. 1153 , 102 S.Ct. 1024 , 71 L.Ed.2d 309 (1982) (witness was personally hostile to defendant); Washington v. Watkins , 655 F.2d 1346 , 1358 (5th Cir.), reh. denied, 662 F.2d 1116 (1981), cert. denied, 456 U.S. 949 , 102 S.Ct. 2021 , 72 L.Ed.2d 474 (1982) (witness was police officer under instructions not to talk with attorney). Defense counsel cannot be faulted under such circumstances. . . . The performance of counsel in this regard was not deficient or inadequate." Luke v. State , 484 So.2d 531 , 533 (Ala.Cr.App. 1985).”
1 later decision quote this exact passage“were dealt with on direct appeal or could have been raised at trial or on direct appeal and were not”
1 later decision quote this exact passage
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.