Tatum v. Foster’s Empirical Analysis
847 F.3d 459 · 2017
Citation profile
3 federal appellate ·
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Faretta v. California · Dusky v. United States · Godinez v. Moran · Harrington v. Richter · McNeill v. United States
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Faretta protects the right of a criminal defendant to make this (usually) self-defeating choice [of self-representation]. By failing to recognize that the Supreme Court's Faretta line of cases focus only on competence as it relates to mental functioning, and forbids the consideration of competence in the sense of accomplishment, the Wisconsin courts reached a result that is contrary to, as well as an unreasonable application of, the Supreme Court's rulings.”
1 later decision quote this exact passagee.g. Jackson v. Bartow“strayed from the 'mental functioning' sense of competence over to educational achievement and familiarity with the criminal justice system.”
1 later decision quote this exact passage“hale a person into its criminal courts and there force a lawyer upon him, even when he insists that he wants to conduct his own defense.”
1 later decision quote this exact passage
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.