State v. Myers’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] defendant “has a heavy burden of proving (1) counsel’s representation fell below an objective standard of reasonableness, and (2) the defendant was prejudiced by counsel’s deficient performance.” “Effectiveness of counsel is measured by an ‘objective standard of reasonableness’ considering ‘prevailing professional norms.’ ” To prevail on an ineffective assistance of counsel claim, “the defendant must first overcome the ‘strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.’ ” “Trial counsel’s conduct is presumed to be reasonable and courts consciously attempt to limit the distorting effect of hindsight.” “To demonstrate prejudice, the defendant must establish a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different, and the defendant must specify how and where trial counsel was incompetent and the probable different result.” “A reasonable probability is a probability sufficient to undermine confidence in the outcome.... ””

   3 later decisions quote this exact passage
   e.g. Kruckenberg v. State · Murchison v. State

2. “[w]hen a problem arises during a trial, the party affected must bring the irregularity to the court's attention and seek appropriate remedial action.”

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

3. “If juror misconduct is noticed and the criminal defendant does not object or request a mistrial, reversal requires obvious error.”

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