Trevino v. Davis’s Empirical Analysis

Citation profile

2 federal appellate ·

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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Tjrial counsel attempted to find family members “that could give us some idea as to where or how Mr. Trevino grew up. What was going on in his life. What were the circumstances, you know, regarding his past. And we tried to find them, but really, I don’t think we came up with any witnesses. We tried to contact his mother as best we could. She was from out of the city.” Trial counsel retained an investigator to track down [Trevino’s] education records.... Trial counsel interviewed [Trevino’s] stepfather. [Trevino] failed to assist his trial counsel in identifying any family- members or others who may have provided mitigating testimony.”

   1 later decision quote this exact passage · from the majority
   e.g. Trevino v. Davis

2. “[W]e grant[ed] [it] on the questions of whether the district court erred by: (1) concluding that Trevino failed to sufficiently plead cause to excuse his procedural default under Martinez/Trevino; (2) concluding that Trevino’s trial counsel’s performance was not deficient under Strickland, with respect to his failure to discover and introduce FASD evidence; and (3) concluding that Trevino’s trial counsel’s performance did not prejudice Trevino to the extent his counsel failed to investigate and present evidence, both expert and lay,' showing that Trevino suffers from FASD.”

   1 later decision quote this exact passage · from the majority
   e.g. Trevino v. Davis

3. “[Trevino’s] history of [FASD] clearly had an impact on his cognitive development, academic performance, social functioning, and overall adaptive functioning. These factors, along with his significant history of physical and emotional abuse, physical and emotional neglect, and social deprivation clearly contributed to [Trevino’s] ability to make appropriate decisions and choices about his lifestyle, behaviors and actions, his ability to withstand and ignore group influences, and his ability to work through and adapt to frustration and anger.”

   1 later decision quote this exact passage · from the majority
   e.g. Trevino v. Davis