Messer v. Kemp’s Empirical Analysis
760 F.2d 1080 · 1985
Citation profile
20 federal appellate · 12 state decisions
How this case has been cited
Cited by 51 later decisions (2 by the Supreme Court) — most recently January 2022 · most notably State v. Goodwin (1999), 37 Cal. 4th 50 - People v. Cornwell (2005)
20 federal appellate · 12 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
Relies on Strickland v. Washington · Mansion House Center South Redevelopment Co. v. United States · Gillette Co. v. Miner · Bradley v. J. F. Batte & Sons of Richmond, Inc. · Wiley v. Sowders
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“absent the error, the sentencer would have concluded that the balance of aggravating and mitigating circumstances did not warrant death,”
3 later decisions quote this exact passage · from the majority“[I]t is a 'complete concession of the defendant's guilt' which constitutes ineffective assistance of counsel.”
3 later decisions quote this exact passage · from the majority“reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different,”
2 later decisions quote this exact passage · from the dissent
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.