209 N.C. App. 418 - State v. Boyd’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A claim of ineffective assistance of counsel, to be successful, requires proof: (1) that the professional assistance that defendant received was unreasonable and (2) the trial would have had a different outcome in the absence of such assistance. Claims for ineffective assistance of counsel brought on direct review will be decided on the merits when the cold record reveals that no further investigation is required, i.e., claims that may be brought without such ancillary procedures as the appointment of investigators or an evidentiary hearing. Claims which are not properly asserted on direct appeal are properly dismissed without prejudice to defendant's right to reassert them during a subsequent proceeding on a motion for appropriate relief.”

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