Mitchell v. Kemp’s Empirical Analysis
762 F.2d 886 · 1985
Citation profile
42 federal appellate · 3 district · 42 state decisions
How this case has been cited
Cited by 133 later decisions (1 by the Supreme Court) — most recently October 2024 · most notably Sanders v. State (1987), Brecheen v. Reynolds (1994)
42 federal appellate · 3 district · 42 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 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Barrett v. United States · Bowden v. Georgia · Meeks v. Havener · Gray v. Lucas
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 133 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When a defendant preempts his attorney's strategy by insisting that a different defense be followed, no claim of ineffectiveness can be made.”
9 later decisions quote this exact passage · from the majority“[c]ounsel has no absolute duty to present mitigating character evidence.”
9 later decisions quote this exact passage · from the majority“counsel may make a reasonable strategic judgment to present less than all possible available evidence in mitigation.”
5 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.