Pitts v. Cook’s Empirical Analysis
923 F.2d 1568 · 1991
Citation profile
27 federal appellate · 2 district · 4 state decisions
How this case has been cited
Cited by 59 later decisions — most recently March 2021 · most notably Jackson v. Herring (1995), Deputy v. Taylor (1994)
27 federal appellate · 2 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
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Batson v. Kentucky · Wainwright v. Sykes · Neitzke v. Williams · Murray v. Carrier
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A legal argument need not have succeeded elsewhere before it will be found reasonably available. Rather, cause will not be found where the 'basis of a constitutional claim is available, and other defense counsel have perceived and litigated that claim.'”
2 later decisions quote this exact passage · from the majority“A counsel's pre- Batson failure to raise a Batson -type claim does not fall below reasonable standards of professional competence, and thus does not render counsel's assistance constitutionally ineffective.”
2 later decisions quote this exact passage · from the majority“Reed and Engle must be read together.... That an argument might have less than a high likelihood of success has little to do with whether the argument is available or not.”
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.