Simpson v. State’s Empirical Analysis

Citation profile

1 federal appellate · 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. ““ * * * [T]he constitutional right to the effective assistance of counsel does not vest in the accused the right to the services of an attorney who meets any specified aptitude test in point of professional skill. And common mistakes of judgment on the part of counsel, common mistakes of strategy, common mistakes of trial tactics, or common errors of policy in the course of a criminal case do not constitute grounds for collateral attack upon the judgment and sentence by motion under the statute [ 28 U.S.C.A. § 2255 ]. It is instances in which resulting from the substandard level of the services of the attorney the trial becomes mockery and farcical that the judgment is open to collateral attack on the ground that the accused was deprived of his constitutional right to effective assistance of counsel.””

   5 later decisions quote this exact passage
   e.g. State v. Brusenhan · State v. Daniels

2. ““Our next inquiry must be into the factual requisites necessary for determining when, and under what circumstances, a court may find that an indigent accused has been, in effect, denied his right to counsel by virtue of the fact that such counsel was incompetent. * * * ””

   1 later decision quote this exact passage
   e.g. 201 So. 2d 787 - Stewart v. State

3. “the right to question the competence of such counsel”

   1 later decision quote this exact passage
   e.g. 974 So. 2d 480 - Ivey v. DEPT. OF CHILDREN AND FAMILY SERVS.