Tisius v. State’s Empirical Analysis

Citation profile

65 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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]o support a Rule 29.15 motion due to ineffective assistance of appellate counsel, strong ground must exist showing that counsel failed to assert a claim of error which would have required reversal had it been asserted and which was so obvious from the record that a competent and effective lawyer would have recognized it and asserted it. The right to relief due to ineffective assistance of appellate counsel inevitably tracks the plain error rule, i.e., the error that was not raised on appeal was so substantial as to amount to a manifest injustice or a miscarriage of justice. (Emphasis added.)”

   2 later decisions quote this exact passage
   e.g. Taylor v. State · Goodwater v. State

2. “The claimed error must have been sufficiently serious to create a reasonable probability that, if it was raised, the outcome of the appeal would have been different.”

   2 later decisions quote this exact passage
   e.g. Meiners v. State · Goodwater v. State

3. “Rule 29.15 sets forth the procedure for litigating claims of ineffective assistance of counsel where the [movant] has been convicted of a felony. There are two components to a claim of ineffective assistance of counsel. First, a movant must show that counsel’s performance “did not conform to the degree of skill, care, and diligence of a reasonably competent attorney.” State v. Hall, 982 S.W.2d 675, 680 (Mo.banc 1998) (citing Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984)). There is a presumption that counsel acted professionally and that any challenged action was part of counsel’s sound trial strategy. Id. Second, if the movant establishes that counsel’s performance was not reasonably competent, then the movant must demonstrate the [sic] he or she was prejudiced by counsel’s performance. Id. To demonstrate prejudice, a movant must show that, but for counsel’s poor performance, there is a reasonable probability that the outcome of the court proceeding would have been different. Id. “This Court will uphold the findings and conclusions of the motion court unless they are clearly erroneous.” Rule 29.15(k). Findings and conclusions are clearly erroneous if, after reviewing the entire record, the appellate court has the definite and firm impression that a mistake has been made. Moss v. State, 10 S.W.3d 508, 511 (Mo.banc 2000).”

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