State v. McElveen’s Empirical Analysis

Citation profile

35 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"To determine the adequacy of the representation, we must look at the services rendered by appointed counsel in the context of the reasoning set forth by Justice John C. Harrison in State v. Forsness 159 Mont. 105, 110 , 495 P.2d 176 , 178: "`Claimed inadequacy of counsel must not be tested by a greater sophistication of appellate counsel, nor by that counsel's unrivaled opportunity to study the record at leisure and cite different tactics of perhaps doubtful efficacy. Success is not the test of efficient counsel, frequently neither vigor, zeal, nor skill can overcome the truth.'" State v. McElveen, 544 P.2d at 822 .”

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

2. ““ ‘ * * * The handling of the defense by counsel of the accused’s own choice will not be declared inadequate except in those rare cases where his counsel displays such a lack of diligence and competence as to reduce the trial to a “farce or a sham” * * ””

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

3. ““The failure to object to improper evidence, standing alone, is not sufficient grounds to support a claim of inadequate representation . . .” (Citation omitted.)”

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