Toro v. Jw Fairman’s Empirical Analysis
940 F.2d 1065 · 1991
Citation profile
40 federal appellate · 5 district · 11 state decisions
How this case has been cited
Cited by 83 later decisions — most recently March 2021 · most notably United States v. Day (1992), United States v. Gordon (1998)
40 federal appellate · 5 district · 11 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 · Wrenn v. Ohio Department of Mental Health · Vazquez v. Pennsylvania Department of Public Welfare · Railway Labor Executives' Ass'n v. Chicago & North Western Transportation Co. · Commissioner v. Merit Life Insurance
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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the case of a guilty plea, the second prong of the Strickland test requires the defendant to show that there is a reasonable probability that, but for counsel's errors, the defendant would have insisted on going to trial.”
6 later decisions quote this exact passage · from the majority“Our review of counsel's performance must be highly deferential, and we must avoid the temptation to second-guess counsel.”
3 later decisions quote this exact passage · from the majority“[i]n his habeas petition and supporting memorandum, Toro never states that he would have accepted the plea.”
1 later decision 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.