State v. Bey’s Empirical Analysis

Citation profile

23 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “as with the right to testily, defense counsel should consult with their clients so the clients can make their own informed decisions. It follows that defense counsel should inform the defendant of the right of allocution or ensure that the trial court apprises the defendant of this right. Moreover, ... counsel must advise the defendant on the issue whether to submit a statement of allocution to the jury and to explain the tactical advantages or disadvantages of doing so or not doing so. Counsel’s responsibility includes advising a defendant of the benefits inherent in exercising that right and the consequences inherent in waiving it____ Indeed, counsel’s failure to do so will give rise to a claim of ineffectiveness of counsel. [Id. at 278, 736 A.2d 469 (quoting State v. Savage, 120 N.J. 594, 630-31 , 577 A.2d 455 (1990)).]”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Harris

2. “was applied to the penalty phase. Ibid. To prove ineffective assistance of counsel in the penalty phase of a capital trial resulting in death, a defendant was required to establish both that counsel's performance was deficient and that”

   1 later decision quote this exact passage · from the majority
   e.g. 410 N.J. Super. 43 - State v. Cooper

3. “it is the responsibility of a defendant's counsel, not the trial judge, to advise defendant on whether or not to testify and to explain the tactical advantages or disadvantages [of] doing so or not doing so.”

   1 later decision quote this exact passage · from the majority
   e.g. 337 N.J. Super. 228 - State v. Sheika