Wilson v. State’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. “The Sixth Amendment of the United States Constitution guarantees a criminal defendant the right to effective assistance of counsel. In order to prevail on a post-conviction claim of ineffective assistance, the petitioner bears a heavy burden. The petitioner must prove that (1) counsel’s representation fell below an objective standard of reasonableness, and (2) the petitioner was prejudiced by-counsel’s deficient performance. As to the first prong, the petitioner must overcome the strong presumption that counsel’s representation fell within the wide range of reasonable' professional assistance. An attorney’s performance is measured considering the prevailing professional norms. In assessing the reasonableness of counsel’s performance, courts must consciously attempt to limit the distorting effect of hindsight. Courts must consider all the circumstances and decide whether there were errors so serious that defendant was not accorded the “counsel” guaranteed by the Sixth Amendment. In order to meet the second prong, the petitioner must show, there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. The petitioner must prove not only that counsel’s representation was ineffective, but must specify how and where counsel was incompetent and the probable different result. If it is easier to dispose of an ineffective assistance of counsel claim on the ground of lack of sufficient prejudice, that course shoul”

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

2. “Under NDRCrim[P] 44(a) even if you don’t meet the income guidelines, the judge may be required to find counsel for you if you are unable to obtain attorney services. To be eligible for this service you must provide written proof that at least two (2) attorneys have refused to represent you.”

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

3. “After imposing sentence in a case that has gone to trial, the court must advise the defendant of the defendant’s right to appeal and of the right of a person who is unable to pay the costs of an appeal to apply for appointment of counsel for purposes of appeal.”

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