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“rejecting the notion that a 'strategic' decision can be reasonable when the attorney has failed to investigate his options and make a reasonable choice between them”
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992
2009
2026
Top citers, strongest first. 23 distinct citers.
How cited ↗
discussed
Cited "but see"
Roller v. Cavanaugh
Rodriguez v. United States Parole Comm'n, 594 F.2d 170 (7th Cir.1979) (parole reconsideration changed from one-third point in sentence to every eighteen months; ex post facto clause violated as to a prisoner serving only a two-year sentence); Watson v. Estelle, 859 F.2d 105 (9th Cir.1988), vacated, 886 F.2d 1093 (1989); Akins v. Snow, 922 F.2d 1558 (11th Cir.), cert. denied, --- U.S. ----, 111 S.Ct. 2915 , 115 L.Ed.2d 1079 (1991); but see Bailey v. Gardebring, 940 F.2d 1150 (8th Cir.1991), cert. denied, --- U.S. ----, 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992) (lead judge held that administrative…
discussed
Cited "but see"
Roller v. Cavanaugh
Rodriguez v. United States Parole Comm’n, 594 F.2d 170 (7th Cir.1979) (parole reconsideration changed from one-third point in sentence to every eighteen months; ex post facto clause violated as to a prisoner serving only a two-year sentence); Watson v. Estelle, 859 F.2d 105 (9th Cir.1988), vacated, 886 F.2d 1093 (1989); Akins v. Snow, 922 F.2d 1558 (11th Cir.), cert. denied, — U.S. -, 111 S.Ct. 2915 , 115 L.Ed.2d 1079 (1991); but see Bailey v. Gardebring, 940 F.2d 1150 (8th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992) (lead judge held that administrative rul…
discussed
Cited as authority (quoted)
Scott v. Anderson
rejecting the notion that a 'strategic' decision can be reasonable when the attorney has failed to investigate his options and make a reasonable choice between them
discussed
Cited as authority (quoted)
Cameron v. Tomes
the supreme court _____ has not directly addressed the question whether a constitutional right to treatment exists . . . .
discussed
Cited as authority (quoted)
Cameron v. Tomes
the supreme court has not directly addressed the question whether a constitutional right to treatment exists . . . .
discussed
Cited "see"
McWhorter v. State
See Horton v. Zant, 941 F.2d 1449, 1462 (11th Cir.1991) (‘our case law rejects the notion that a “strategic” decision can be reasonable when the attorney has failed to investigate his options and make a reasonable choice between them’), cert. denied, 503 U.S. 952 , 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992); see, also, Jackson v. Herring, 42 F.3d 1350, 1366-68 (11th Cir.) (‘Although counsel need not “investigate every evidentiary lead,” he must gather enough knowledge of the potential mitigation evidence to arrive at an “informed judgment” in making [the decision not to present …
discussed
Cited "see"
State v. Gamble
See Horton v. Zant, 941 F.2d 1449, 1462 (11th Cir.1991) (‘our case law rejects the notion that a “strategic” decision can be reasonable when the attorney has failed to investigate his options and make a reasonable choice between them’), cert. denied, 503 U.S. 952 , 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992); see, also, Jackson v. Herring, 42 F.3d 1350, 1366-68 (11th Cir.) (‘Although counsel need not “investigate every evidentiary lead,” he must gather enough knowledge of the potential mitigation evidence to arrive at an “informed judgment” in making [the decision not to present …
discussed
Cited "see"
Flowers v. State
See Horton v. Zant, 941 F.2d 1449, 1462 (11th Cir.1991) (“our case law rejects the notion that a ‘strategic’ decision can be reasonable when the attorney has failed to investigate his options and make a reasonable choice between them”), cert. denied, 503 U.S. 952 , 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992); see, also, Jackson v. Herring, 42 F.3d 1350, 1366-68 (11th Cir.) (“Although counsel need not ‘investigate every evidentiary lead,’ he must gather enough knowledge of the potential mitigation evidence to arrive at an ‘informed judgment’ in making [the decision not to present …
discussed
Cited "see"
Whitehead v. State
See Horton v. Zant , 941 F.2d 1449 , 1462 (11th Cir.1991) (`our case law rejects the notion that a "strategic" decision can be reasonable when the attorney has failed to investigate his options and make a reasonable choice between them'), cert. denied , 503 U.S. 952 , 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992); see, also, Jackson v. Herring , 42 F.3d 1350 , 1366-68 (11th Cir.) (`Although counsel need not "investigate every evidentiary lead," he must gather enough knowledge of the potential mitigation evidence to arrive at an "informed judgment" in making [the decision not to present such evidence…
discussed
Cited "see"
Harris v. State
See Horton v. Zant, 941 F.2d 1449, 1462 (11th Cir. 1991) (`our case law rejects the notion that a "strategic" decision can be reasonable when the attorney has failed to investigate his options and make a reasonable choice between them'), cert. denied, 503 U.S. 952 , 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992); see, also, Jackson v. Herring, 42 F.3d 1350, 1366-68 (11th Cir.) (`Although counsel need not "investigate every evidentiary lead," he must gather enough knowledge of the potential mitigation evidence to arrive at an "informed judgment" in making [the decision not to present such evidence]. .…
cited
Cited "see"
Stewart v. Pennsylvania Board of Probation & Parole
See Bailey v. Gardebring, 940 F.2d 1150 (8th Cir.1991), cert. denied, 503 U.S. 952 , 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992).
cited
Cited "see"
United States v. McAllister
We hold that due process requires no more.”); accord Bailey v. Gardebring, 940 F.2d 1150 , 1154 n. 4 (8th Cir.1991), cer t. denied, 503 U.S. 952 , 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992).
discussed
Cited "see"
Alan J. Bannister v. Mel Carnahan
See Scher v. Engelke, 943 F.2d 921, 924 (8th Cir.1991) (retaliation), cert. denied, 503 U.S. 952 , 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992); Lewis v. Casey, — U.S. -, -, 116 S.Ct. 2174, 2180 , 135 L.Ed.2d 606 (1996) (access to courts).
discussed
Cited "see"
Rose v. State
See Horton v. Zant, 941 F.2d 1449, 1462 (11th Cir.1991) ("[C]ase law rejects the notion that a `strategic' decision can be reasonable when the attorney has failed to investigate his options and make a reasonable choice between them."), cert. denied, 503 U.S. 952 , 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992).
discussed
Cited "see"
John Glenn v. Arthur Tate, Jr., Warden
See Horton v. Zant, 941 F.2d 1449, 1462 (11th Cir.1991), cert. denied, 503 U.S. 952 , 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992), where the court "rejectfed] the notion that a ‘strategic’ decision can be reasonable when the attorney has failed to investigate his options and make a reasonable choice between them.” .
cited
Cited "see"
State Ex Rel. McMaster v. Benson
See generally Bailey v. Gardebring, 940 F.2d 1150 , 1156 (8th Cir.1991), cert. denied, — U.S. —, 112 S.Ct. 1516 , 117 L.Ed.2d 652 (Mar. 23, 1992).
discussed
Cited "see"
In Re Blodgett
See Bailey v. Gardebring, 940 F.2d 1150, 1153 (8th Cir.1991), cert. denied. — U.S. -, 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992) (dual commitment to Department of Corrections and Commissioner of Public Welfare as psychopathic personality not unconstitutional); Reome v. Levine, 692 F.Supp. 1046, 1051 (D.Minn.1988) (discussing validity of psychopathic personality statute).
discussed
Cited "see"
United States v. Bell
See Bailey v. Gardebring, 940 F.2d 1150, 1156 (8th Cir.1991) (opinion of Bowman, J.) (citing Smith v. United States Parole Comm’n, 875 F.2d 1361, 1367 (9th Cir.1989)), cert. denied, — U.S. -, 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992).
cited
Cited "see, e.g."
Sanders v. Moore
See also Horton v. Zant, 941 F.2d 1449, 1464-65 (11th Cir.1991), cert. denied, 503 U.S. 952 , 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992). 10 .
discussed
Cited "see, e.g."
Matter of Personal Restraint of Young
(2×)
See, e.g., Bailey v. Gardebring, 940 F.2d 1150 (8th Cir. 1991) (constitutional to both civilly commit and imprison sexually dangerous individual), cert. denied, 112 S. Ct. 1516 (1992).
cited
Cited "see, e.g."
Robert E. Cameron v. Henry Tomes
Compare, e.g., Ohlinger v. Watson, 652 F.2d 775 (1980), with Bailey v. Gardebring, 940 F.2d 1150 (8th Cir.1991), cert. denied, — U.S.-, 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992).
discussed
Cited "see, e.g."
Rickford Munger v. Robert A. Erickson
Compare Miller v. Florida, 482 U.S. 423, 435 , 107 S.Ct. 2446, 2453-54 , 96 L.Ed.2d 351 (1987) (ex post facto clause applies to Florida sentencing rules, which are enacted by the Florida legislature with the force and effect of laws) with Bailey v. Gardebring, 940 F.2d 1150, 1156 (8th Cir.1991) (ex post facto clause does not apply to Minnesota parole regulations, which are promulgated by a commissioner and offer only procedural aid to the body vested with discretionary authority by the state legislature), cert. denied, - U.S. -, 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992). 7 .
discussed
Cited "see, e.g."
Blanks v. Smith
See, e.g., Scher v. Engelke, 943 F.2d 921, 924 (8th Cir.1991) (repeated shakedown searches of an inmate’s cell constituted cruel and unusual punishment actionable under the Eighth Amendment and 42 U.S.C. § 1983 ), cert. denied, — U.S. —, 112 S.Ct. 1516 , 117 L.Ed.2d 652 (1992).
Retrieving the full opinion text from the archive…
Engelke
v.
Scher
v.
Scher
No. 91-1240.
Supreme Court of the United States.
Mar 23, 1992.
Published
Citer courts: First Circuit (2) · N.D. Ohio (1)
C. A. 8th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.