Mills v. Scully’s Empirical Analysis
826 F.2d 1192 · 1987
Citation profile
15 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 43 later decisions — most recently May 2012 · most notably Dyer v. Calderon (1998), United States v. O'Keefe (1997)
15 federal appellate · 1 district · 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 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · United States v. Bagley · Giglio v. United States · Napue v. People of the State of Illinois · Cincinnati Milacron Chemicals, Inc. v. Blankenship
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a review of the entire record here raises a question as to whether the trial testimony of Tracy Gist can be characterized as false evidence at all.... As any layperson might, she may have misunderstood the nature of the grand jury proceedings in which she took part. Her testimony at trial, if understood in that light, could not be considered misleading, and there would therefore be no obligation on the part of the prosecutors to "correct" it.”
1 later decision quote this exact passage · from the majority“To sustain a claim of defective assistance, a convicted defendant must demonstrate (1) that counsel’s performance fell below an objective standard of reasonableness ... and (2) a reasonable probability of a different result in the proceeding but for the errors of counsel.”
1 later decision quote this exact passage · from the majority“[e]ven where defense counsel is aware of the falsity, there may be a deprivation of due process if the prosecutor reinforces the deception by capitalizing on it in closing argument, ... or by posing misleading questions to the witnesses.”
1 later decision 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.