State v. Lee’s Empirical Analysis

Citation profile

167 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 167 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he defendant 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.”

   5 later decisions quote this exact passage
   e.g. Matter of Arrick · State v. Goswick

2. “[T]he decision as to what witnesses to call is a tactical, strategic decision. Tactical decisions require the skill, training, and experience of the advocate. A criminal defendant, generally inexperienced in the workings of the adversarial process, may be unaware of the redeeming or devastating effect a proffered witness can have on his or her case.”

   2 later decisions quote this exact passage
   e.g. State v. Meeker · In Re Mh Xxxx-Xxxxxx

3. “whether an irreconcilable conflict exists between counsel and the accused, and whether new counsel would be confronted with the same conflict; the timing of the motion; inconvenience to witnesses; the time period already elapsed between the alleged offense and trial; the proclivity of the defendant to change counsel; and quality of counsel.”

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