Horne v. Trickey’s Empirical Analysis
895 F.2d 497 · 1990
Citation profile
30 federal appellate · 4 district · 4 state decisions
How this case has been cited
Cited by 45 later decisions — most recently April 2021 · most notably Mayo v. Henderson (1994), Jackson v. Herring (1995)
30 federal appellate · 4 district · 4 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
Relies on Strickland v. Washington · Batson v. Kentucky · Griffin v. California · Swain v. State of Alabama · Smith v. Murray
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from the counsel's perspective at the time.”
2 later decisions quote this exact passage · from the majoritye.g. State v. Billups · Driscoll v. Delo“Fretwell "). Counsel is not required to forecast changes in the governing law. See, e.g., Horne v. Trickey, 895 F.2d 497 , 500 (8th Cir.1990) (ineffectiveness not established by claim that "counsel should have realized that the Supreme Court was planning a significant change in the existing law, and that the failure to anticipate this change rises to the level of constitutional ineffectiveness”
1 later decision quote this exact passage · from the majoritye.g. Mayo v. Henderson“The state did not call attention to Home’s failure to testify, but rather to the fact that the statement was extra-judicial and not credible, and therefore should be given less weight than the in-court testimony of the victim of the crime.”
1 later decision quote this exact passage · from the majoritye.g. Hill v. State
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.