Nealy v. Cabana’s Empirical Analysis
764 F.2d 1173 · 1985
Citation profile
36 federal appellate · 27 state decisions
How this case has been cited
Cited by 104 later decisions — most recently August 2023 · most notably George Lindstadt v. John P. Keane, Superintendent (2001), United States v. Gray (1989)
36 federal appellate · 27 state decisions — followed in 12 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
Relies on Strickland v. Washington · New York v. Ferber · Barrett v. United States · Washington v. Watkins · Washington v. Strickland
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 104 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“at a minimum, counsel has a duty to interview potential witnesses and to make independent investigation of the facts and circumstances of the case.”
9 later decisions quote this exact passage · from the majority“First, the defendant must show that counsel’s performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the “counsel” guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Unless a defendant makes both showings, it cannot be said that the conviction or ... sentence resulted from a breakdown in the adversary process that renders the result unreliable.”
5 later decisions quote this exact passage · from the majority“did not testify that such efforts would have been fruitless . . . [but] simply failed to make the effort to investigate”
3 later decisions quote this exact passage · from the majoritye.g. Foster v. Dugger · Loyd v. Whitley
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.