State v. Worthan’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To prevail on a claim of ineffective assistance of counsel, a defendant must show that his “counsel’s performance fell below an objective standard of reasonableness” and he must demonstrate prejudice, i.e., “the existence of a reasonable probability that the result of the proceeding would have been different absent counsel’s unprofessional errors.” State v. Harris, 2001 MT 231, ¶¶ 18-19 , 306 Mont. 525, ¶¶ 18-19 , 36 P.3d 372, ¶¶ 18-19 (citing Strickland v. Washington (1984), 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 ). In addition, “[t]he trial record must adequately document a challenged act or omission of defense counsel for a defendant to raise an ineffective assistance claim on appeal. In addition to documenting the error, the record available to this Court on appeal must afford sufficient understanding of the reasons for counsel's act or omission to answer the threshold question of whether the alleged error expresses a trial strategy or tactical decision. If the record does not supply the reason for counsel’s act or omission, the claim must be raised by petition for post-conviction relief.” Harris , ¶ 21 (citations omitted).”

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