Mathre v. State’s Empirical Analysis
2000
Citation profile
20
cited by 20 later decisions
6
states following
May 2012
most recently cited
20 state decisions
Relationships
Relies on Strickland v. Washington · Van Alstine v. State · 560 So. 2d 203 - Reed v. State · Roberts v. State · State v. Sheppard
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The commentary to the American Bar Association’s Standards for Criminal Justice also supports the conclusion that the decision whether to request lesser offense instructions rests with defense counsel. The current third edition overrules the previous edition that allocated the decision to request lesser offense instructions to the defendant. The commentary to the third edition states only that defense counsel must confer with the defendant regarding lesser offense instructions: ‘It is also important in a jury trial for defense counsel to consult fully with the accused about any lesser included offenses the trial court may be willing to submit to the jury.’ ABA Standards for Criminal Justice: Prosecution Function and Defense Function, Standard 4-5.2, Commentary (3d ed. 1993). “The second edition stated that ‘the defendant should be the one to decide whether to seek submission to the jury of lesser included offenses.’ ABA Standards for Criminal Justice: Prosecution Function and Defense Function, Standard 4-5.2, Commentary (2d ed. 1980). The omission of this language from the third edition indicates that under the current standards, the decision whether to submit lesser offense instructions is not a decision for the defendant, but rather for defense counsel after consultation with the defendant. “Recent cases analyzing the effect of this change have concluded that under the current ABA standards, the decision whether to request lesser offense instructions is for defense counsel”
1 later decision quote this exact passagee.g. Ex Parte Mills“the court must consider all circumstances and decide whether there were errors so serious that defendant was not accorded that `counsel' guaranteed by the Sixth Amendment.”
1 later decision quote this exact passagee.g. Sambursky v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.