Lozada v. Deeds’s Empirical Analysis
964 F.2d 956 · 1992
Citation profile
44 federal appellate · 3 district · 4 state decisions
How this case has been cited
Cited by 71 later decisions (1 by the Supreme Court) — most recently June 2024 · most notably Roe, Warden v. Flores-Ortega (2000), Frazer v. United States (1994)
44 federal appellate · 3 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. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Anders v. California · Powell v. State of Alabama Patterson · Barefoot v. Estelle · Johnson v. Avery
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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Prejudice is presumed under Strickland if it is established that counsel's failure to file a notice of appeal was without the petitioner's consent.”
8 later decisions quote this exact passage · from the majority“We believe the issue of prejudice caused by the alleged denial of the right to appeal could be resolved in a different manner than the one followed by the District Court. Since Strickland , at least two Courts of Appeals have presumed prejudice in this situation. See Abels v. Kaiser, 913 F.2d 821, 823 (10th Cir.1990); Estes v. United States, 883 F.2d 645, 649 (8th Cir.1989); see also Rodriquez v. United States, 395 U.S. 327, 330 [ 89 S.Ct. 1715, 1717 , 23 L.Ed.2d 340 ] (1969).”
2 later decisions quote this exact passage · from the majority“The question [is] simply whether the right to appeal was wrongfully denied.”
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.