Smith v. State’s Empirical Analysis

Citation profile

31 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Incompetency of counsel is a familiar plaint heard with increasing frequency in this post -Gideon era. However, the metes and bounds of legal adequacy have never been precisely defined. On the one hand it has been said that the constitution does not guarantee an accused the assistance of the most brilliant counsel. (State v. Woods, 179 Kan. 601 , 296 P.2d 1114 ; State v. Calhoun, 194 Kan. 378 , 399 P.2d 886 .) On the other hand this court has pointed out that where an attorney chosen by a defendant is so incompetent or so dishonest or so improperly conducts his client’s case as to amount, in practical effect, to no representation at all, the defendant has been deprived of a fair trial and should be granted relief. (Miller v. Hudspeth, 164 Kan. 688 , 192 P.2d 147 ; Converse v. Hand, 185 Kan. 112 , 340 P.2d 874 ; McGee v. Crouse, 190 Kan. 615 , 376 P.2d 792 .) We have stated also that the law requires honest, genuine and loyal representation on the part of legal counsel. (State v. Calhoun, supra; Call v. State, 195 Kan. 688 , 408 P.2d 668 , cert. den., 384 U.S. 957 , 16 L.Ed.2d 552 , 86 S.Ct. 1581 .) “Between the boundaries thus drawn there is a considerable area of uncertainty which we shall not attempt at this time to explore in depth. . . .” (p. 294. Emphasis added.)”

   1 later decision quote this exact passage · from the majority
   e.g. 2 Kan. App. 2d 481 - Schoonover v. State