Becker v. State’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[¶ 16] Claims of ineffective assistance of counsel are reviewed under the following standard: “When reviewing a claim of ineffective assistance of counsel, the paramount determination is whether, in light of all the circumstances, trial counsel’s acts or omissions were outside the wide range of professionally competent assistance. Herdt v. State, 891 P.2d 793, 796 (Wyo.1995); Starr v. State, 888 P.2d 1262, 1266-67 (Wyo.1995); Arner v. State, 872 P.2d 100, 104 (Wyo.1994); Frias v. State, 722 P.2d 135, 145 (Wyo.1986). The reviewing court should indulge a strong presumption that counsel rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment. Herdt , at 796; Starr , at 1266; Arner , at 104; Strickland v. Washington, 466 U.S. 668, 689 , 104 S.Ct. 2052, 2065 , 80 L.Ed.2d 674 (1984). Under the two-prong standard articulated in Strickland and Frias , an appellant claiming ineffective assistance of counsel must demonstrate on the record that counsel’s performance was deficient and that prejudice resulted. Strickland, 466 U.S. at 687 , 104 S.Ct. at 2064 ; Starr , at 1266; King v. State, 810 P.2d 119, 125 (Wyo.1991) (Cardine, J., dissenting); Campbell v. State, 728 P.2d 628, 629 (Wyo.1986); Frias, 722 P.2d at 145 . In other words, to warrant reversal on a claim of ineffective assistance of counsel, an appellant must demonstrate that his counsel failed to ‘render such assistance as would have been offered by a reasonably compet”

   10 later decisions quote this exact passage
   e.g. Siler v. State · Asch v. State

2. “When an attorney has allegedly mi-sadvised his client with respect to the entry of a guilty plea, a determination must be made of whether the decision to plead and forego the defense of his case resulted in prejudice to the client. That determination involves two interrelated questions: whether, in the absence of counsel's error, the recommendation of a reasonably competent attorney concerning the plea would differ from that given; and, whether, absent the error, the outcome of a trial would have been more advantageous to the client than the result of his plea. Hill [v. Lockhart], 474 U.S. [52] at 59-60, 106 S.Ct. [366] at 370-71 [ 88 L.Ed.2d 203 (1985) ]. The defendant may also establish the necessary prejudice by proof of circumstances indicating that, in deciding whether or not to plead guilty, he placed special emphasis on the challenged aspect of his attorney's advice. He must suggest to the reviewing court a plausible reason why, had his representation been as he claims it should have been, he would have chosen to forsake the benefits of his plea agreement for the risks of trial. Id.; see also Worthen [v. Meachum], 842 F.2d [1179] at 1184 [ (10th Cir.1988)]. Lower v. State, 786 P.2d 346, 349 (Wyo.1990); see also Brock v. State, 981 P.2d 465, 469 (Wyo.1999). The burden of proving that counsel was ineffective rests on the appellant. Sorensen v. State, 6 P.3d 657, 660 (Wyo.2000), cert. denied, 531 U.S. 1093 , 121 S.Ct. 818 , 148 L.Ed.2d 702 (2001) (quoting Frias v. State, ”

   1 later decision quote this exact passage · from the dissent
   e.g. Bear Cloud v. State

3. “A guilty plea must be “knowing and voluntary.” McCarty v. State, 883 P.2d 367, 372 (Wyo.1994) (quoting Parke v. Raley, 506 U.S. 20, 28 , 113 S.Ct. 517, 523 , 121 L.Ed.2d 391 (1992)). “The validity of a guilty plea is tested by determining ‘whether the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant.’ ” McCarty at Id. (quoting North Carolina v. Alford, 400 U.S. 25, 31 , 91 S.Ct. 160, 164 , 27 L.Ed.2d 162 (1970)).”

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