176 N.C. App. 719 - State v. Simpson’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Id. (emphasis omitted); accord Braswell , 312 N.C. at 562 , 324 S.E.2d at 248 (adopting the test laid out in Strickland ).”

   2 later decisions quote this exact passage
   e.g. 260 N.C. App. 589 - State v. Baskins · 259 N.C. App. 127 - State v. Collington

2. “In light of the number of arguably reasonable jurists rejecting the notion that Apprendi and Ring had any effect on non-capital sentencing prior to Blakely , we hold that it was well within reason for Defendant's appellate counsel not to pursue this issue on appeal.”

   1 later decision quote this exact passage · from the dissent
   e.g. 259 N.C. App. 127 - State v. Collington

3. “[A] defendant cannot base an ineffective assistance of counsel claim on the failure of appellate counsel to pursue an appeal past the initial appeal [because] ... there is no constitutional right to counsel for a discretionary appeal.”

   1 later decision quote this exact passage · from the dissent
   e.g. 998 So. 2d 494 - Sims v. State