Moss v. State’s Empirical Analysis

Citation profile

165 state decisions

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 165 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To support a [Rule 29.15] motion due to ineffective assistance of appellate counsel, strong grounds must exist showing that counsel failed to assert a claim of error which would have required reversal had it been asserted and which was so obvious from the record that a competent and effective lawyer would have recognized it and asserted it. The right to relief ... due to ineffective assistance of appellate counsel inevitably tracks the plain error rule; i.e., the error that was not raised on appeal was so substantial as to amount to a manifest injustice or a miscarriage of justice.”

   13 later decisions quote this exact passage
   e.g. Spells v. State · Evans v. State

2. “(1) [wjhether the defendant waived the objection; (2)[w]hether the state intended surprise or acted deceptively or in bad faith, with the intention to disadvantage the defendant; (3)[w]hether in fact defendant was surprised and suffered any disadvantage; and (4)[w]hether the type of testimony given might readily have been contemplated.”

   2 later decisions quote this exact passage
   e.g. State v. Storey · State v. Dowell

3. “To establish ineffectiveness, a defendant must show that counsel’s representation fell below an objective standard of reasonableness. To establish prejudice he must show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.”

   1 later decision quote this exact passage
   e.g. Storey v. State