United States v. Driver’s Empirical Analysis
798 F.2d 248 · 1986
Citation profile
23 federal appellate · 3 state decisions
How this case has been cited
Cited by 36 later decisions — most recently May 2025 · most notably United States v. Briscoe (1990), United States v. Tarantino (1988)
23 federal appellate · 3 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 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)
Relies on Strickland v. Washington · Brady v. State of Maryland · United States v. Bagley · United States v. Agurs · Wainwright v. Sykes
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'reasonable probability' is a probability sufficient to undermine confidence in the outcome.”
2 later decisions quote this exact passage · from the concurrence“the 'no request,' 'general request,' and 'specific request' cases of prosecutorial failure to disclose evidence favorable to the accused[,] [t]he evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.”
1 later decision quote this exact passage“defense counsel could reasonably have concluded that the strength of [defendant's] claim to innocence would have been dissipated by arguing to the jury that [defendant] was part of a conspiracy to distribute cocaine, but that he was not part of the conspiracy charged in the indictment”
1 later decision quote this exact passage · from the concurrencee.g. Harich v. Wainwright
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.