State v. Suarez’s Empirical Analysis

Citation profile

1 federal appellate · 10 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Appellant also argued that the state failed to subpoena numerous witnesses that it could have subpoenaed and that the state had awesome subpoena power as compared to the defendant. Specifically, appellant’s counsel argued that the state should have subpoenaed two city officials, Mr. Klotzbach and Mr. Smith. Appellant argued that the state failed to subpoena the testimony of the persons from whom Tapper, specifically, acquired the discs. Appellant also argued that the state failed to subpoena Dave Larson, the Burroughs supervisor of both O’Leary and Tapper. In the context of all of these arguments, appellant argued that the state failed to prove its case. In response to this argument, the prosecutor stated: If there are people here that I did not subpoena, you can assume that, for whatever reasons, I felt that I did not need their testimony. If Mr. Jackson failed to subpoena those same people— and he’s a competent attorney—you can certainly be sure that he did not subpoena those people for the same reason: because they have absolutely no light to shed upon this case. ****** Any evidence which existed in this case was certainly subject to a subpoena and, in fact, I think its been very obvious to you during the proceedings that Mr. Jackson has had complete access to anything that was in our files. If he had wanted to have it marked, wanted to have it introduced in evidence, he could have done so. He chose not to do so, and being a competent attorney, you can assume that he didn’”

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

2. “In Suarez, the court of appeals stated: [I]t is difficult for counsel to objectively review his [or her] own performance and zealously argue any inadequacies in that performance on behalf of his [or her] client. In addition, one can easily perceive the potential for abuse if appellate counsel is permitted to raise, evaluate and advocate his [or her] ineffectiveness as trial counsel.”

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