State v. Whitlow’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “3. I can recall no particular tactical reason for not questioning Jurors ... [J.B.], or [E.F.] about the matters referred to in Mr. Whitlow’s Petition and cannot recall anyway that this failure was part of my trial strategy. 4. I also do not recall exercising any particular tactical decision when I did not excuse any of these [two] jurors for cause or exercise peremptory challenges in order to excuse them from the trial jury. At the time I obviously thought that they were not biased, but after reading the draft of the Memorandum of the Petitioner it appears that I should have asked more questions. 5.1 do remember tactical reasons for seating some jurors, but the aforementioned jurors are not among them.”

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

2. “Though not easily distilled into a formula, the definitive question that distinguishes and decides which actions are record and which are non-record, is why? In other words, if counsel fails to object to the admission of evidence, or fails to offer an opening statement, does the record fully explain why counsel took the particular course of action? If not, then the matter is best-suited for post-conviction proceedings which permit a further inquiry into whether the particular representation was ineffective. Only when the record will fully explain why counsel took, or failed to take, action in providing a defense for the accused may this Court review the matter on direct appeal.”

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

3. “MR. CORN: ... [Wje’ll start with you, [E.F.]. Have you heard anything about the case? [E.F.]: Yes, I read about it in the papers and discussed it with the family. MR. CORN: That was about six months ago or seven months ago? [E.F.]: That was after the incident occurred. MR. CORN: Is there anything that you recall from your-from that time that would prevent you from reserving judgment until all the evidence came in in this case? [E.F.]: No.”

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