223 Md. App. 16 - State v. Smith’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Sixth Amendment to the United States Constitution guarantees all criminal defendants the right to the assistance of counsel. Strickland v. Washington, 466 U.S. 668, 684-85 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Both the United States Supreme Court and the Court of Appeals have recognized that “the right to counsel is the right to the effective assistance of counsel.” McMann v. Richardson, 397 U.S. 759 , 771 n. 14, 90 S.Ct. 1441 , 25 L.Ed.2d 763 (1970); Mosley v. State, 378 Md. 548, 557 , 836 A.2d 678 (2003). In order to prevail on a claim of ineffective assistance of counsel, a defendant must establish that trial counsel’s performance was constitutionally deficient and that the deficient performance prejudiced the defense. Strickland, 466 U.S. at 687, 104 S.Ct. 2052 ; Mosley, 378 Md. at 557 , 836 A.2d 678 . In discerning whether counsel’s performance was deficient, we start with the presumption that he or she “rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment.” Strickland, 466 U.S. at 690 , 104 S.Ct. 2052 ; Bowers v. State, 320 Md. 416, 421 , 578 A.2d 734 (1990). Our review of counsel’s performance is “highly deferential.” Kulbicki v. State, 440 Md. 33, 46 , 99 A.3d 730 (2014). We look to whether counsel’s “representation fell below an objective standard of reasonableness.” Harris v. State, 303 Md. 685, 697 , 496 A.2d 1074 (1985). We assess reasonableness as of “the time of counsel’s conduct.” Strickland”

   1 later decision quote this exact passage
   e.g. 230 Md. App. 241 - State v. Newton