Mallett v. State’s Empirical Analysis
1989
Citation profile
2 federal appellate · 46 state decisions
How this case has been cited
Cited by 52 later decisions (1 by the Supreme Court) — most recently February 2017 · most notably State v. Dulany (1989), Mallett v. Missouri (1990)
2 federal appellate · 46 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 · Batson v. Kentucky · Allen v. Wright · Sheppard v. Maxwell · Jones v. Barnes
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Generally claims of ineffective assistance of appellate counsel are not cognizable in 27.26 proceedings, but are more appropriately presented to the appellate court in the form of a motion to recall mandate. Hemphill v. State, 566 S.W.2d 200, 207-8 (Mo. banc 1978). However, ‘where an appellate court retains no unique knowledge (emphasis in original) necessary to the disposition of a claim of ineffective assistance of appellate counsel or where an evidentiary hearing may be deemed necessary to the disposition (emphasis ours), a Rule 27.26 motion is the appropriate vehicle for seeking post-conviction relief.’ Morris v. State, 603 S.W.2d 938, 941 (Mo. banc 1980). Because movant’s claim involves failure to brief certain issues on appeal, it would appear at first glance to be analogous to Hemphill . In the interest of judicial economy, and in view of the beneficial evidence presented at the motion hearing, we nonetheless undertake to examine the claim as if properly raised in this proceeding.” (Emphasis in original.)”
1 later decision quote this exact passagee.g. Shive v. State“The standard for reviewing a claim of ineffective appellate counsel is essentially the same as that employed with trial counsel; movant is expected to show both a breach of duty and resulting prejudice. There is no duty to raise every possible issue asserted in the motion for new trial on appeal, and no duty to present non-frivolous issues where appellate counsel strategically decides to winnow out arguments in favor of other arguments[.]”
1 later decision quote this exact passagee.g. Storey v. State
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.