Walker v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Alabama follows the majority view and holds that it is not per se ineffective assistance for an attorney to partially concede a defendant's guilt. " ' "Although Alabama has had little occasion to address whether counsel renders deficient performance by conceding guilt, we have held that it is not per se ineffective assistance for counsel to concede a client's limited guilt." Taylor v. State , 10 So.3d [1037] at 1058 [ (Ala. Crim. App. 2004) ]. See also Commonwealth v. Steele , 599 Pa. 341 , 386, 961 A.2d 786 , 812 (2008) ("In [ Florida v.] Nixon , [ 543 U.S. 175 , 125 S.Ct. 551 , 160 L.Ed.2d 565 (2004),] the High Court reiterated that [ United States v.] Cronic , [ 466 U.S. 648 , 104 S.Ct. 2039 , 80 L.Ed.2d 657 (1984), and the presumed prejudice standard] is limited to situations where counsel's failure is complete, i.e., where 'counsel has entirely failed to function as the client's advocate.' "); Sage v. State , 905 So.2d 1039 , 1041 (Fla. App. 2005) ("[T]he defendant must show that counsel's concession strategy was 'unreasonable.' ").' " Lee v. State , 44 So.3d 1145 , 1169-70 (Ala. Crim. App. 2009). Because the presumed-prejudice standard does not apply in this case-Walker was required to prove both prongs of the Strickland test.”

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

2. “In [ Florida v.] Nixon , [ 543 U.S. 175 , 125 S.Ct. 551 , 160 L.Ed.2d 565 (2004),] the High Court reiterated that [ United States v.] Cronic , [ 466 U.S. 648 , 104 S.Ct. 2039 , 80 L.Ed.2d 657 (1984), and the presumed prejudice standard] is limited to situations where counsel's failure is complete, i.e., where 'counsel has entirely failed to function as the client's advocate.'”

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

3. “to prove a claim of ineffective assistance of counsel without questioning counsel about the specific claim, especially when the claim is based on specific actions, or inactions, of counsel that occurred outside the record.”

   1 later decision quote this exact passage
   e.g. 236 Md. App. 183 - Syed v. State