Gregory v. Thaler’s Empirical Analysis

Citation profile

8 federal appellate · 1 state decisions

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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““To prevail on an ineffective assistance claim based upon uncalled witnesses, an applicant must name the witness, demonstrate that the witness would have testified, set out the content of the witness’s proposed testimony, and show that the testimony would have been favorable.” Gregory v. Thaler, 601 F.3d 347 , 352 (5th Cir.), cert. denied, 562 U.S. 911 , 131 S.Ct. 265 , 178 L.Ed.2d 175 (2010). “An applicant ‘who alleges a failure to investigate on the part of his counsel must allege with specificity what the investigation would have revealed and how it would have altered the outcome of the trial.’ ” Id. 22”

   2 later decisions quote this exact passage · from the majority
   e.g. Trevino v. Davis · King v. Davis

2. “Claims of uncalled witnesses are disfavored, especially if the claim is unsupported by evidence indicating the witnesses's willingness to testify and the substance of the proposed testimony.”

   1 later decision quote this exact passage · from the majority
   e.g. Derrick Steven Pena v. State of Iowa

3. “allege with specificity what the investigation would have revealed and how it would have altered the outcome of the trial.”

   1 later decision quote this exact passage · from the majority
   e.g. King v. Davis