Toliver v. McCaughtry’s Empirical Analysis
539 F.3d 766 · 2008
Citation profile
14 federal appellate · 1 state decisions
How this case has been cited
Cited by 32 later decisions — most recently February 2025 · most notably Harris v. Thompson (2012), Sussman v. Jenkins (2011)
14 federal appellate · 1 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. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Brady v. State of Maryland · Miller-El v. Cockrell Director Texas Department of Criminal Justice Institutional Division · Williams v. Taylor · United States v. Bagley
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“counsel could not have made a reasonable strategic decision not to call [the witness] without interviewing him in order to evaluate his proposed testimony, his credibility or his demeanor”
1 later decision quote this exact passage · from the majoritye.g. Farmer v. Premo
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.