State v. Schmidt’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Absent exceptional circumstances, we will not address an ineffective assistance claim on direct appeal. We depart from this principle only when trial counsel was “so ineffective and counsel’s representation ‘so casual’ as to represent a ‘manifest usurpation’ of the defendant’s constitutional rights.” The preferred arena for an ineffective assistance claim is a habeas corpus proceeding. While there are many reasons for this rule, appellant’s claims illustrate its main purpose: in habeas proceedings, attorneys charged with ineffectiveness can explain or defend their actions and strategies, and thus a more complete picture of what occurred is available for review.”

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