State v. Hurlbert’s Empirical Analysis
1988
Citation profile
41 state decisions
How this case has been cited
Cited by 41 later decisions — most recently January 2013 · most notably State v. Herman (2008), State v. Baker (1995)
41 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Strickland v. Washington · State v. Walker · State v. Robbins · State v. Tome · State v. Almanza
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There is a heavy burden of proof on a defendant who seeks to reverse a judgment on the grounds of ineffective assistance of counsel. [Citation omitted.] In evaluating ineffective assistance of counsel claims, we utilize a two-part test as set forth in [Strickland] . First, the defendant must establish that counsel’s performance was deficient. [Citation omitted.] Counsel’s performance will be evaluated pursuant to the “reasonably effective assistance” test; if counsel acted within the range of competence demanded of attorneys in criminal cases, his performance was not deficient. [Citation omitted.] To satisfy the second prong of the Strickland test, the defendant must establish that the deficient performance prejudiced the defendant so as to deprive him of a fair trial. [Citation omitted.] The standard for evaluating prejudice is whether a reasonable probability exists that, but for counsel’s deficient performance, the trial’s outcome would have been different. [Citation omitted.] However, this Court will not second-guess trial tactics and strategy. [Citation omitted.]”
1 later decision quote this exact passage · from the majoritye.g. State v. Baker“First, the defendant must show that counsel’s performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the “counsel” guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable.”
1 later decision quote this exact passage · from the majoritye.g. State v. Denny
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.