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Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992
2009
2026
Top citers, strongest first. 18 distinct citers.
How cited ↗
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 "see"
State v. Angel M.
See United States v. Fri- erson, 945 F.2d 650 , 655–60 (3d Cir. 1991) (holding that trial court’s denial of sentencing reduction for accep- tance of responsibility on basis of defendant’s refusal to admit guilt with respect to uncharged misconduct violated defendant’s constitutional rights), cert. denied, 503 U.S. 952 , 112 S. Ct. 1515 , 117 L.
discussed
Cited "see"
State v. Angel M.
See United States v. Fri- erson, 945 F.2d 650 , 655–60 (3d Cir. 1991) (holding that trial court’s denial of sentencing reduction for accep- tance of responsibility on basis of defendant’s refusal to admit guilt with respect to uncharged misconduct violated defendant’s constitutional rights), cert. denied, 503 U.S. 952 , 112 S. Ct. 1515 , 117 L.
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]. .…
discussed
Cited "see"
Ex Parte Land
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 *Page 854 (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]. . . . [A] legal decis…
discussed
Cited "see"
Jeffrey D. Williams v. Ron Harness
P. 52(a); Estate of Davis v. Delo, 115 F.3d 1388 , 1393-94 (8th Cir. 1997) (findings of fact after bench trial reviewed for clear error; whether defendant’s actions constituted constitutional violation is legal issue reviewed de novo); cf. Madewell v. Roberts, 909 F.2d 1203 , 1206 (8th Cir. 1990 (otherwise proper acts are actionable under § 1983 if taken in retaliation for exercise of constitutional right); see generally Scher v. Engelke, 943 F.2d 921, 924 (8th Cir. 1991) (Eighth Amendment protects inmates from cell searches if conducted for calculated harassment and unrelated to prison nee…
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, 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."
United States v. Conley
See, e.g., United States v. Frierson, 945 F.2d 650, 653-54 (3d Cir.1991), cert. denied, 503 U.S. 952 , 112 S.Ct. 1515 , 117 L.Ed.2d 651 (1992); United States v. Foster, 19 F.3d 1452, 1454-55 (D.C.Cir.1994); United States v. Rodriguez-Gonzalez, 899 F.2d 177, 180-81 (2d Cir.), cert. denied, 498 U.S. 844 , 111 S.Ct. 127 , 112 L.Ed.2d 95 (1990). 52 Ryan, of course, differs from this case as it dealt with a departure whereas here we are concerned with the establishment of the guideline range.
discussed
Cited "see, e.g."
United States v. Conley
See, e.g., United States v. Frierson, 945 F.2d 650, 653-54 (3d Cir.1991), cert. denied, 503 U.S. 952 , 112 S.Ct. 1515 , 117 L.Ed.2d 651 (1992); United States v. Foster, 19 F.3d 1452, 1454-55 (D.C.Cir.1994); United States v. Rodriguez-Gonzalez, 899 F.2d 177, 180-81 (2d Cir.), cert. denied, 498 U.S. 844 , 111 S.Ct. 127 , 112 L.Ed.2d 95 (1990).
Retrieving the full opinion text from the archive…
Frierson
v.
United States
v.
United States
No. 91-6849.
Supreme Court of the United States.
Mar 23, 1992.
C. A. 3d Cir. Certiorari denied.
Justice White would grant certiorari.