Malone v. Clarke’s Empirical Analysis
536 F.3d 54 · 2008
Citation profile
8 federal appellate · 10 district ·
How this case has been cited
Cited by 20 later decisions — most recently November 2023
8 federal appellate · 10 district ·
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 · Williams v. Taylor · Ylst v. Nunnemaker · Rompilla v. Beard · Panetti v. Quarterman
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An “unreasonable application” of federal law occurs when the state court identifies the correct legal principle, “but (i) applies those principles to the facts of the case in an objectively unreasonable manner; (ii) unreasonably extends clearly established legal principles to a new context where they should not apply; or (iii) unreasonably refuses to extend clearly established legal principles to a new context where they should apply.””
1 later decision quote this exact passage · from the concurrence“Although we have noted that 'a significant factor weighing in favor of finding prejudice is the absence of any corroborating evidence other than the testimony of the witness whom defense counsel failed to impeach,' here, defense counsel did not fail to impeach [the victim-witness].”
1 later decision quote this exact passage · from the concurrence“begin [the prejudice analysis] by assessing the strength of the prosecution's case, and the effectiveness of the defense absent the impeachment evidence.”
1 later decision quote this exact passage · from the concurrence
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.