Klose v. State’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Establishing both elements is a heavy burden and requires a defendant to both overcome the strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance and establish that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. This requires the defendant to demonstrate with specificity how and where trial counsel was incompetent, and it is probable a different result would have been obtained had trial counsel not performed incompetently.”

   3 later decisions quote this exact passage
   e.g. Kinsella v. State · Stewart v. State

2. “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 passage
   e.g. Sambursky v. State

3. “The issue of ineffective assistance of counsel is a mixed question of law and fact which is fully reviewable by this Court.”

   1 later decision quote this exact passage
   e.g. City of Lisbon v. Dahl