Mulligan v. Kemp’s Empirical Analysis
771 F.2d 1436 · 1985
Citation profile
17 federal appellate · 3 district · 8 state decisions
How this case has been cited
Cited by 42 later decisions — most recently July 2021 · most notably United States v. Teague (1992), Lightbourne v. Dugger (1987)
17 federal appellate · 3 district · 8 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
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Faretta v. California · Cuyler v. Sullivan · Powell v. State of Alabama Patterson · Bonner v. City of Prichard
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] defendant’s Sixth Amendment rights are his alone, and ... trial counsel, while held to a standard of “reasonable effectiveness,” is still only an assistant to the defendant and not the master of the defense. Our criminal system allows a defendant the choice of whether he wants to be represented by counsel at trial. Because we recognize that a defendant must have this broad power to dictate the manner in which he is tried, it follows that, in evaluating strategic choices of trial counsel, we must give great deference to choices which are made under the explicit direction of the client.”
6 later decisions quote this exact passage · from the majority“[t]he reasonableness of counsel's actions may be determined or substantially influenced by the defendant's own statements or actions. Counsel's actions are usually based, quite properly, on informed strategic choices made by the defendant and on information supplied by the defendant.”
2 later decisions quote this exact passage · from the majority“if [counsel] is commanded by his client to present a certain defense, and if he does thoroughly explain the potential problems with the suggested approach, then his ultimate decision to follow the client's will may not be lightly disturbed.”
2 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.