Whited v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “' " 'If the record is silent as to the reasoning behind counsel's actions, the presumption of effectiveness is sufficient to deny relief on [an] ineffective assistance of counsel claim.' " Davis v. State , 9 So.3d 539 , 546 (Ala.Crim.App.2008) (quoting Howard v. State , 239 S.W.3d 359 , 367 (Tex.Crim.App.2007) ). " ' " ' "An ambiguous or silent record is not sufficient to disprove the strong and continuing presumption [of effective representation]. Therefore, 'where the record is incomplete or unclear about [counsel]'s actions, we will presume that he did what he should have done, and that he exercised reasonable professional judgment.' " Chandler v. United States , 218 F.3d 1305 , 1314 n. 15 (11th Cir.2000) (en banc) (quoting Williams v. Head , 185 F.3d 1223 , 1228 (11th Cir.1999) ).' " " ' Davis , 9 So.3d at 546 (quoting Grayson v. Thompson , 257 F.3d 1194 , 1218 (11th Cir.2001) ).' " Ex parte Whited , 180 So.3d 69 , 75 (Ala.2015). Here, the record indicates that after Hall was convicted, his new counsel filed an unverified amended motion for a new trial in which he claimed that Hall's "trial counsel was constitutionally ineffective at trial.”

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