Abels v. Kaiser’s Empirical Analysis
913 F.2d 821 · 1990
Citation profile
42 federal appellate · 6 district · 12 state decisions
How this case has been cited
Cited by 80 later decisions (1 by the Supreme Court) — most recently June 2023 · most notably Lozada v. Deeds (1991), Lozada v. State (1994)
42 federal appellate · 6 district · 12 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 · Cuyler v. Sullivan · Evitts v. Lucey · Rodriquez 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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hen courts have found counsel constitutionally inadequate, because either retained or appointed counsel failed to properly perfect an appeal, they do not consider the merits of arguments that the defendant might have made on appeal.”
9 later decisions quote this exact passage · from the majority“a defendant is denied effective assistance of counsel if he asks his lawyer to perfect an appeal and the lawyer fails to do so by failing to file a brief, a statement of appeal or otherwise.”
4 later decisions quote this exact passage · from the majority“`[t]hose whose right to an appeal has been frustrated should be treated exactly like any other appellan[t]'”
2 later decisions quote this exact passage · from the majority
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.