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← 708 F.3d 760 - Moore v. Mitchell

Moore v. Mitchell’s Empirical Analysis

708 F.3d 760 · 2013

Citation profile

60
cited by 60 later decisions
4
states following
November 2023
most recently cited

17 federal appellate · 4 state decisions

Relationships

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Strickland v. Washington · Miranda v. State of Arizona Vignera · Miller-El v. Cockrell Director Texas Department of Criminal Justice Institutional Division · Batson v. Kentucky · Anderson v. City of Bessemer City

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

  1. “appellate counsel was ineffective for failing to raise the claims Mr. Henderson has raised regarding trial counsel’s ineffectiveness in failing to investigate Mr. Henderson’s paternal family history of serious mental illness, failing to investigate the traumatic brain injury Mr. Henderson suffered at age eleven, failing to review the discovery provided to them by the State and investigate the red flags signaling Mr. Henderson’s serious mental illness contained therein, and then failing to present information regarding mental illness and brain injury to their experts. Appellate counsel was ineffective for failing to raise the issue that trial counsel’s ineffectiveness, led trial counsel to fail to properly advise Mr. Henderson regarding entry of a guilty plea and waiver of jury sentencing and, ultimately, to present the trial court with a false and misleading picture of Mr. Henderson. Appellate counsel was ineffective for failing to proffer the proof in support of those claims that Mr. Henderson has developed.”
    1 later decision quote this exact passage · from the concurrence
  2. “[A] district court shall not grant a habe-as petition with respect to any claim that was adjudicated on the merits in the state courts unless the adjudication resulted in a decision that: (1) was contrary to, or involved an unreasonable application of, clearly established federal law as determined by the Supreme Court; or (2) was based on an unreasonable determination of the facts in light of the evidence presented to the state courts.”
    1 later decision quote this exact passage · from the majority
  3. “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”
    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.