Stano v. Dugger’s Empirical Analysis
889 F.2d 962 · 1989
Citation profile
11
cited by 11 later decisions
1
states following
July 1997
most recently cited
1 state decisions
Relationships
Relies on Strickland v. Washington · Johnson v. Zerbst · Faretta v. California · Gideon v. Wainwright · Penson v. Ohio
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] petitioner can obtain relief from ineffective assistance of counsel if petitioner was prejudiced by serious deficiencies in counsel’s performance. See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674 (1984). “In some cases,” moreover, the Supreme Court has held that “the performance of counsel may be so inadequate that, in effect, no assistance of counsel is provided.” United States v. Cronic, 466 U.S. 648 , 654 & n. 11, 104 S.Ct. 2039 , 2044 & n. 11, 80 L.Ed.2d 657 (1984) (quoting United States v. Decoster, 624 F.2d 196, 219 [ (D.C.Cir.1976) ] (en banc) (MacKinnon, J., concurring), cert. denied, 444 U.S. 944 , 100 S.Ct. 302 , 62 L.Ed.2d 311 (1979)); see Penson v. Ohio, 488 U.S. 75 , -, 109 S.Ct. 346, 353-54 , 102 L.Ed.2d 300 (1988). Whereas the ineffective-assistance-of-counsel analysis under Strickland focuses on counsel’s actual performance at trial, Strickland, 466 U.S. at 686-87 , 104 S.Ct. at 2064 , the analysis under Cronic looks to “the circumstances surrounding [counsel’s] representation,” Cronic, 466 U.S. at 658 , 104 S.Ct. at 2046 .”
1 later decision quote this exact passage“If under those circumstances, “the likelihood that counsel could have performed as an effective adversary was so remote as to have made the trial inherently unfair,” id. [Cronic, 466 U.S.] at 660-61, 104 S.Ct. at 2048, then ineffectiveness of counsel can be presumed “without inquiry into counsel’s actual performance at trial,” id. at 662, 104 S.Ct. at 2048.”
1 later decision quote this exact passage · from the concurrence
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.