Gilson v. Sirmons’s Empirical Analysis
520 F.3d 1196 · 2008
Citation profile
13 federal appellate ·
How this case has been cited
Cited by 24 later decisions — most recently December 2024
13 federal appellate ·
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. § 1291 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Apprendi v. New Jersey · Miller-El v. Cockrell Director Texas Department of Criminal Justice Institutional Division · Daubert v. Merrell Dow Pharmaceuticals, Inc. · Almendarez-Torres v. United States
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In Strickland , the Supreme Court held that “[a] convicted defendant’s claim that counsel’s assistance was so defective as to require reversal of a conviction or death sentence has two components.” 466 U.S. at 687, 104 S.Ct. 2052 , 80 L.Ed.2d 674 . “First,” the Court noted, “the defendant must show that counsel’s performance was deficient.” Id. “This requires showing that counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment.” Id. “Second,” the Court noted, “the defendant must show that the deficient performance prejudiced the defense.” Id. “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.” Id. “Unless a defendant makes both showings,” the Court held, “it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable.” Id.”
1 later decision quote this exact passage · from the dissent“the presentation of this evidence would likely have weighed against [petitioner] by erasing any lingering doubts that may have existed as to his role in [the victim's] murder, and by confirming the jury's conclusion that he represented a continuing threat, even if confined in prison for life”
1 later decision quote this exact passage · from the dissente.g. Grant v. Royal“a mixed question of law and fact and is thus reviewable under § 2254(d)(1)”
1 later decision quote this exact passage · from the dissente.g. Grant v. Royal
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.