Hoffler v. Peyton’s Empirical Analysis

Citation profile

3 federal appellate · 12 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““One who is serving a sentence and seeks relief by habeas corpus on the ground that the negligence and incompetence of the attorney who conducted his defense amounted to a denial of his right to the assistance of counsel guaranteed under the State and Federal Constitutions has the burden of proving the charge made. [Citing cases and authority.] “Ordinarily, lack of preparation, mistakes or errors of judgment, improper advice or trial strategy in connection with a case are insufficient to justify setting aside a judgment of conviction. [Citing authorities.] “Among the cases which support this principle is Penn v. Smyth, 188 Va. 367 , 49 S. E. 2d 600 . There we held that the failure of counsel employed by the defendant to ‘exercise a high degree of professional diligence’ did not constitute an ineffective representation of counsel or render the trial a nullity; that the ‘acts of omission and commission by counsel’ are merely risks which every litigant must take. 188 Va. at 372 , 49 S. E. 2d at 602 . “In United States ex rel. Bloeth v. Denno, 2 Cir., 313 F. 2d 364, 374 , it was said that, ‘Poor tactics of experienced counsel, * * * even with disastrous result, may hardly be considered lack of due process, * * *.’ “In the recent case of Tompa v. Commonwealth of Virginia, 4 Cir., 331 F. 2d 552, 554 , it was held that mistakes in judgment or trial tactics by defense counsel do not deprive an accused of a constitutional right and do not entitle him to a writ of habeas corpus. [Citin”

   1 later decision quote this exact passage · from the majority
   e.g. Anderson v. Peyton

2. ““It is next contended that the failure of these attorneys to secure the attendance of these witnesses, * * * and to put on the stand the witness * who was actually present, constituted a fatal delinquency which should avoid the judgments of conviction. But here, too, the courts have universally held that the failure to produce and put on the stand znaterial witnesses is znerely an error of judgment which does not constitute lack of effective representation of counsel.””

   1 later decision quote this exact passage · from the majority
   e.g. 156 Ind. App. 640 - Jennings v. State