141 So. 3d 906 - State v. Quezada’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"As a general rule, claims of ineffective assistance of counsel are more properly raised by application for post-conviction relief in the trial court where a full evidentiary hearing may be conducted if warranted." State v. Howard , [19]98-0064, p. 15 (La. 4/23/99), 751 So.2d 783 , 802. However, where the record is sufficient, the claims may be addressed on appeal. State v. Bordes , [19]98-0086, p. 7 (La. App. 4 Cir. 6/16/99), 738 So.2d 143 , 147. Ineffective assistance of counsel claims are reviewed under the two-part test of Strickland v. Washington , 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) ; State v. Brooks , [19]94-2438, p. 6 (La. 10/16/95), 661 So.2d 1333 , 1337 (on rehearing); State v. Robinson , [19]98-1606, p. 10 (La. App. 4 Cir. 8/11/99), 744 So.2d 119 , 126. In order to prevail, the defendant must show both that: (1) counsel's performance was deficient; and (2) he was prejudiced by the deficiency. Brooks, supra ; State v. Jackson , [19]97-2220, p. 8 (La. App. 4 Cir. 5/12/99), 733 So.2d 736 , 741. Counsel's performance is ineffective when it is shown that he made errors so serious that counsel was not functioning as the "counsel" guaranteed by the Sixth Amendment. Strickland , 466 U.S. at 686 , 104 S.Ct. at 2064 ; State v. Ash , p. 9 (La. App. 4 Cir. 2/10/99), 729 So.2d 664 , 669. Counsel's deficient performance will have prejudiced the defendant if he shows that the errors were so serious as to deprive him of a fair trial. To carry his burden, the defe”

   1 later decision quote this exact passage
   e.g. 240 So. 3d 355 - State v. Williams

2. “opinions may differ on the advisability of a tactic, hindsight is not the proper perspective for judging the competence of counsel's trial decisions. Neither may an attorney's level of representation be determined by whether a particular strategy is successful.”

   1 later decision quote this exact passage
   e.g. 240 So. 3d 355 - State v. Williams

3. “Strickland , 466 U.S. at 693 , 104 S.Ct. at 2068 ; State v. Guy , [19]97-1387, p. 7 (La. App. 4 Cir. 5/19/99), 737 So.2d 231 , 236. This court has previously recognized that if an alleged error falls”

   1 later decision quote this exact passage
   e.g. 240 So. 3d 355 - State v. Williams