State v. De Nistor’s Empirical Analysis

Citation profile

78 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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This court is reluctant to second guess actions taken by trial counsel that go to trial strategy. "We have always held that disagreements as to trial strategy * * * will not support an ineffectiveness claim as long as the challenged conduct could have some reasoned basis." We recognize that, normally, whether the defendant should testify is a decision that defendant should make. Defendant does not claim, however, that she wanted to testify and was prevented from doing so. It appears instead that she and her attorney agreed on this strategy of silence which she now claims was in error. We do not find that this choice was below objective standards of reasonableness. Defense counsel may have felt * * * that [defendant] would have harmed rather than helped her own defense by testifying. Defense counsel's performance was reasonable under prevailing norms.”

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

2. “the reasons for the defendant's request, the quality of counsel, the defendant's proclivity to substitute counsel and the disruption and delay expected in the proceedings if the request were to be granted.”

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

3. “Once a court accepts a plea of guilty, the accused is put in jeopardy____ A court may not, therefore, sua sponte, enter an order vacating the acceptance of the plea of guilty and set the case for trial.”

   1 later decision quote this exact passage
   e.g. Peterson v. Superior Court