United States v. Mohammed’s Empirical Analysis
693 F.3d 192 · 2012
Citation profile
16 federal appellate · 2 district ·
Relationships
Applies 18 U.S.C. § 2332B (§ 702 of the Antiterrorism and Effective Death Penalty Act of 1996) · 18 U.S.C. § 2332D (§ 321 of the Antiterrorism and Effective Death Penalty Act of 1996) · 18 U.S.C. § 3742 · 21 U.S.C. § 959 · 21 U.S.C. § 960A · 28 U.S.C. § 1291
Relies on Strickland v. Washington · Gall v. United States · Anderson v. City of Bessemer City · Wiggins v. Smith, Warden · Mincey v. Arizona
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When an ineffective-assistance claim is brought on direct appeal, ... the court must proceed on a trial record not developed precisely for the object of litigating or preserving the claim and thus often incomplete or inadequate for this purpose. ... The evidence introduced at trial ... will be devoted to issues of guilt or innocence, and the resulting record in many cases will not disclose the facts necessary to decide either prong of the Strickland analysis. If the alleged error is one of commission, the record may reflect the action taken by counsel but not the reasons for it. ... Without additional factual development, moreover, an appellate court may not be able to ascertain whether the alleged error was prejudicial. Under the rule we adopt today, ineffective-assistance claims ordinarily will be litigated in the first instance in the district court, the forum best suited to developing the facts necessary to determining the adequacy of representation during an entire trial. The court may take testimony from witnesses for the defendant and the prosecution and from the counsel alleged to have rendered the deficient performance.”
1 later decision quote this exact passage · from the concurrence“We have acknowledged that the court of appeals can resolve an ineffective-assistance issue in the first instance when the record "conclusively" shows that the defendant either is or is not entitled to relief. But given the fact-bound nature of ineffective-assistance claims, that exception arises only rarely. If there is any doubt or difficulty, if it is not obvious from the face of the record whether relief is warranted, the appropriate course is simply to remand.”
1 later decision quote this exact passage · from the concurrence“When advancing an ineffective assistance argument on direct appeal, an appellant must present 'factual allegations that, if true, would establish a violation of his Sixth Amendment right to counsel.'”
1 later decision 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.