State v. St. Germain’s Empirical Analysis

Citation profile

51 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Generally, in addressing ineffective assistance of counsel claims we ask ‘why’ counsel did or did not perform as alleged and then seek to answer the question by reference to the record. If the record on appeal explains ‘why,’ we will then address the issue on appeal. If the claim is based on matters outside the record on appeal, we will refuse to address the claim and allow the defendant to file a postconviction proceeding where a record can be developed as to ‘why’ counsel acted as alleged, thus allowing the court to determine whether counsel’s performance was ineffective or merely a tactical decision.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Gilbert · State v. Taylor

2. “as counsel possesses a wide latitude in determining what tactics to employ when defending a client.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Main · State v. Wittal

3. “If the record does not fully explain why counsel failed to object to the admission of evidence, the matter is best suited for postconviction proceedings.”

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