United States v. Bosch’s Empirical Analysis
584 F.2d 1113 · 1978
Citation profile
113 federal appellate · 13 district · 26 state decisions
How this case has been cited
Cited by 165 later decisions (1 by the Supreme Court) — most recently June 2022 · most notably 25 Cal. 3d 142 - People v. Frierson (1979), Whitlow v. State (2008)
113 federal appellate · 13 district · 26 state decisions — followed in 11 states
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 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)
Relies on Chapman v. State of California · Burks v. United States · McMann v. Richardson · Ashe v. Swenson · United States v. Nobles
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 165 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Under the reasonably competent assistance standard, ‘effective representation is not the same as errorless representation.’ * * * Even the most skillful criminal attorneys make errors during a trial. The myriad of decisions which must be made by defense counsel quickly and in the pressure cooker of the courtroom makes errorless representation improbable, if not impossible. This is particularly so since the determination of whether there have been errors is made by a court far removed from the heat of trial combat and with the time necessary to make a reasoned judgment. Thus, a choice between trial tactics, which appears unwise only in hindsight, does not constitute constitutionally-defieient representation under the reasonably competent assistance standard. To state and prove a claim under this standard, a defendant must allege and demonstrate that his counsel’s error clearly ‘resulted from neglect or ignorance rather than from informed, professional deliberation.’ ” United States v. Bosch, 584 F.2d 1113, 1121 (1st Cir.1978).”
8 later decisions quote this exact passage · from the majority“Counsel is not required to waste the court's time with futile or frivolous motions.”
2 later decisions quote this exact passage · from the majority“the range of competence expected of attorneys in criminal cases”
2 later decisions 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.