Tosh v. Al Lockhart’s Empirical Analysis
879 F.2d 412 · 1989
Citation profile
9 federal appellate · 5 state decisions
How this case has been cited
Cited by 21 later decisions — most recently March 2019
9 federal appellate · 5 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 · Hill v. United Brotherhood of Carpenters & Joiners, Local 25 · United States v. S.A. Empresa de Viacao Aerea Rio Grandense · Tosh v. State
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“\ . . four witnesses, three of them with no interest in the matter one way or the other, are willing to swear that petitioner was somewhere else at the time of the crime. But the jury only heard from one of these witnesses, and that witness was the one whose objectivity was most in doubt.’ We agree with the district court that there is a reasonable probability that but for Tosh’s counsel’s failure to call the . . . alibi witnesses, the result of the trial would have been different.”
3 later decisions quote this exact passage · from the majoritye.g. In Re Parris W. · Mays v. State“[T]he decision not to use alibi testimony may reflect the reasonable exercise of judgment in view of the attorney's concern that the testimony would be conflicting ... or otherwise unfavorable.”
1 later decision quote this exact passage · from the majoritye.g. Blanco v. Singletary
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.