green
Positive treatment
Quoted verbatim 1×
8.6 score
G Cite
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989
2007
2026
Top citers, strongest first. 25 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
State v. Martini
(2×)
a trial counsel cannot be ineffective for failing to raise claims as to which his client has neglected to supply the essential underlying facts when those facts are within the client's possession____
discussed
Cited "see"
Brinkman v. Brodeur
Aug. 24, 1994); see Gardner v. Ponte, 817 F.2d 183, 189 (1st Cir.) (habeas petitioner suffered no injury due to counsel's failure to prosecute appeal where state appeals court considered merits of appeal in context of petitioner's ineffec tive assistance of counsel claim), cert, denied, 484 U.S. 863 (1987).
cited
Cited "see"
Hudson T. HARRISON and Harrison Construction, Inc., Plaintiffs-Appellees, v. DEAN WITTER REYNOLDS, INC., Defendant-Appellant
See Flamm v. Eberstadt, 814 F.2d 1169, 1173 (7th Cir.), cert. denied, 484 U.S. 863 , 108 S.Ct. 157 , 98 L.Ed.2d 112 (1987).
discussed
Cited "see"
People v. Rodriguez
(2×)
Trial counsel’s alleged failure to investigate or present mitigating evidence does not constitute ineffective assistance “when the essential and foundational information required to trigger such an investigation is withheld from the defendant’s attorney by the defendant himself.” Miller, 907 F.2d at 999 ; see Dooley v. Petsock, 816 F.2d 885, 890-91 (3d Cir.) (holding that “trial counsel cannot be ineffective for failing to raise claims to which his client has neglected to supply the essential underlying facts ... clairvoyance is not required of counsel”), cert. denied, 484 U.S. 863…
discussed
Cited "see"
The PEOPLE of the State of Colorado, Plaintiff-Appellee/Cross-Appellant v. Frank D. RODRIGUEZ, Defendant-Appellant/Cross-Appellee.
Trial counsel 's alleged failure to investigate or present mitigating evidence does not constitute ineffective assistance "when the essential and foundational information required to trigger such an investigation is withheld from the defendant 's attorney by the defendant himself." Miller , 907 F.2d at 999 ; see Dooley v. Petsock , 816 F.2d 885, 890-91 ( 3d Cir. ) ( holding that "trial counsel cannot be ineffective for failing to raise claims to which his client has neglected to supply the essential underlying facts ... clairvoyance is not required of counsel " ) , cert. denied , 484 U.S. 863 …
cited
Cited "see"
United States v. C.L.O.
See United States v. Walker, 817 F.2d 461, 463 (8th Cir.), cert. denied, 484 U.S. 863 (1987); Devitt, Blackmar, & O’Malley, supra, § 38B.14.
cited
Cited "see"
United States v. Juvenile Male C.L.O.
See United States v. Walker, 817 F.2d 461, 463 (8th Cir.), cert. denied, 484 U.S. 863 , 108 S.Ct. 181 , 98 L.Ed.2d 134 (1987); Devitt, Blackmar, & O’Malley, supra, § 38B.14.
cited
Cited "see"
Lee E. Jones v. Jim M. Jones, Fred King, Wayne Hawkins, and Sue Labuary
See United States v. Walker, 817 F.2d 461, 464 (8th Cir. 1987), cert. denied, 484 U.S. 863 (1987).
cited
Cited "see"
Alexander Allen, Jr. v. Commonwealth of Massachusetts
See Gardner v. Ponte, 817 F.2d 183, 188 (1st Cir.) (citing Mass.R.Crim.P. 22 (1980)), cert. denied, 484 U.S. 863 , 108 S.Ct. 181 , 98 L.Ed.2d 134 (1987).
discussed
Cited "see"
United States v. Caroline Elisa Van Helden
We point out only that they have not overcome the strong presumption that counsel rendered adequate assistance, see Strickland v. Washington, 466 U.S. 668, 690 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and appellant has not shown that, “but for counsel’s unprofessional errors, the result of the [trial] would have been different.” Id. at 694 , 104 S.Ct. at 2068 ; see Gardner v. Ponte, 817 F.2d 183, 187 (1st Cir.), cert. denied, 484 U.S. 863 , 108 S.Ct. 181 , 98 L.Ed.2d 134 (1987).
cited
Cited "see"
Government of the Virgin Islands v. Benjamin
See Dooley v. Petsock, 816 F.2d 885, 889 (3d Cir.), cert. denied, 484 U.S. 863 (1987).
cited
Cited "see"
United States v. Millard Bowie
See Smith v. White, 815 F.2d 1401, 1405-06 (11th Cir.), cert. denied, 484 U.S. 863 , 108 S.Ct. 181 , 98 L.Ed.2d 133 (1987).
discussed
Cited "see"
Frank Earl Senk v. Charles H. Zimmerman, Superintendent and Leroy Zimmerman, Attorney General of the State of Pennsylvania
See Dooley v. Petsock, 816 F.2d 885 , 889 n. 3 (3d Cir.) (where habeas applicant raised only sixth amendment ineffective assistance claim, appeals court did not consider an arguably meritorious due process argument because such a claim had not been raised in the Pennsylvania courts and therefore remained unexhausted, nor had it been raised in the federal habeas petition), cert. denied, 484 U.S. 863 , 108 S.Ct. 182 , 98 L.Ed.2d 135 (1987). 6 .
discussed
Cited "see, e.g."
Brown v. State
See also Smith v. White, 815 F.2d 1401 (11th Cir.1987), cert. denied, 484 U.S. 863 , 108 S.Ct. 181 , 98 L.Ed.2d 133 (1987).’ “607 So.2d at 342. “ ‘To prove that an actual conflict adversely affected his counsel’s performance, a defendant must make a factual showing “that his counsel actively represented conflicting interests,” Cuyler v. Sullivan, 446 U.S. [335] at 350, 100 S.Ct. [1708] at 1719 [ 64 L.Ed.2d 333 (1980) ], “ ‘ “and must demonstrate that the attorney ‘made a choice between possible alternative courses of action, such as eliciting (or failing to elicit) eviden…
cited
Cited "see, e.g."
Veney v. United States
See also Smith v. White, 815 F.2d 1401, 1405-06 (11th Cir.), cert. denied, 484 U.S. 863 , 108 S.Ct. 181 , 98 L.Ed.2d 133 (1987).
cited
Cited "see, e.g."
Smith v. State
See also Smith v. White, 815 F.2d 1401 (11th Cir.1987), cert. denied, 484 U.S. 863 , 108 S.Ct. 181 , 98 L.Ed.2d 133 (1987).
discussed
Cited "see, e.g."
Terry Allen Langford v. Rick Day, Acting Administrator of Corrections Division Joseph P. Mazurek, Attorney General of the State of Montana
Hill, 474 U.S. at 61-62 , 106 S.Ct. at 371-72 (White, J., concurring); see also Dooley v. Petsock, 816 F.2d 885, 890-91 (3d Cir.), cert. denied, 484 U.S. 863 , 108 S.Ct. 182 , 98 L.Ed.2d 135 (1987) (trial counsel not ineffective for failing to raise claims as to which his client had not supplied essential facts of which client was aware).
discussed
Cited "see, e.g."
96 Cal. Daily Op. Serv. 9368, 96 Daily Journal D.A.R. 15,411 Terry Allen Langford v. Rick Day, Acting Administrator of Corrections Division Joseph P. Mazurek, Attorney General of the State of Montana
Hill, 474 U.S. at 61-62 , 106 S.Ct. at 371-72 (White, J., concurring); see also Dooley v. Petsock, 816 F.2d 885, 890-91 (3d Cir.), cert. denied, 484 U.S. 863 , 108 S.Ct. 182 , 98 L.Ed.2d 135 (1987) (trial counsel not ineffective for failing to raise claims as to which his client had not supplied essential facts of which client was aware).
discussed
Cited "see, e.g."
Langford v. Day
Hill, 474 U.S. at 61-62 , 106 S.Ct. at 371-72 (White, J., concurring); see also Dooley v. Petsock, 816 F.2d 885, 890-91 (3d Cir.), cert. denied, 484 U.S. 863 , 108 S.Ct. 182 , 98 L.Ed.2d 135 (1987) (trial counsel not ineffective for failing to raise claims as to wMch Ms client had not supplied essential facts of which client was aware).
cited
Cited "see, e.g."
Brannon v. State
See also Smith v. White, 815 F.2d 1401 (11th Cir.1987), cert. denied, 484 U.S. 863 , 108 S.Ct. 181 , 98 L.Ed.2d 133 (1987).
cited
Cited "see, e.g."
Brownlee v. State
See also Smith v. White , 815 F.2d 1401 (11th Cir. 1987), cert. denied, 484 U.S. 863 , 108 S.Ct. 181 , 98 L.Ed.2d 133 (1987)." 607 So.2d at 342 .
discussed
Cited "see, e.g."
Varnall Weeks v. Charlie E. Jones, Warden, Holman State Prison, James H. Evans, Attorney General for the State of Alabama
Compare Smith v. White, 815 F.2d 1401, 1405 (11th Cir.) (no actual conflict where attorney represented witness in a prior, unrelated civil matter), cert. denied, 484 U.S. 863 , 108 S.Ct. 181 , 98 L.Ed.2d 133 (1987) with McConico v. Alabama, 919 F.2d 1543, 1548 (11th Cir.1990) (actual conflict where successful representation of one client could harm the claim of another client).
cited
Cited "see, e.g."
Browning v. State
See also Smith v. White , 815 F.2d 1401 (11th Cir. 1987), cert. denied, 484 U.S. 863 , 108 S.Ct. 181 , 98 L.Ed.2d 133 (1987).
cited
Cited "see, e.g."
Smith v. Freeman
See, e.g., Smith v. White, 815 F.2d 1401, 1406 (11th Cir.), cert. denied, 484 U.S. 863 , 108 S.Ct. 181 , 98 L.Ed.2d 133 (1987).
cited
Cited "see, e.g."
Smith v. Freeman
See, e.g., Smith v. White, 815 F.2d 1401, 1406 (11th Cir.), cert. denied, 484 U.S. 863 , 108 S.Ct. 181 , 98 L.Ed.2d 133 (1987).
Retrieving the full opinion text from the archive…
Gardner
v.
Maloney, Superintendent, Massachusetts Correctional Institution
v.
Maloney, Superintendent, Massachusetts Correctional Institution
No. 87-5165.
Supreme Court of the United States.
Oct 5, 1987.
484 U.S. 863
Cited by 1 opinion | Published
Citer courts: Supreme Court of New Jersey (2)
C. A. 1st Cir. Certiorari denied.