Franklin v. State’s Empirical Analysis

Citation profile

1 federal appellate · 25 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In order to prove that he was deprived of the effective assistance of counsel on appeal [a defendant in a criminal case] must first show (1) that the actions of his appellate attorney were “outside the wide range of professionally competent assistance,” and (2) that his counsel’s errors were so severe that “counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment” and (3) that counsel’s deficient performance resulted in prejudice. To support a claim of ineffectiveness regarding an attorney representing the defendant on direct appeal from his conviction, “strong grounds must exist showing that counsel failed to assert a claim of error which would have required reversal had it been asserted and which was so obvious from the record that a competent and effective lawyer would have recognized and asserted it.” [Footnotes omitted.]”

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

2. “Postconviction motions cannot be used as a substitute for direct appeal or to obtain further appellate review. Issues capable of being raised on direct appeal — even constitutional issues-may not be raised in postconviction proceedings except where fundamental fairness requires otherwise and only in rare and exceptional circumstances. We find that the trial court did not err where it declined to enter specific findings concerning these claims because they were specifically raised on appeal and Franklin chose to voluntarily request dismissal of that appeal.”

   1 later decision quote this exact passage
   e.g. Franklin v. Luebbers

3. “In order to prove that he was deprived of the effective assistance of counsel on appeal, [Movant] must first show (1) that the actions of his appellate attorney were outside the wide range of professionally competent assistance, and (2) that his counsel’s errors were so severe that counsel was not functioning as the “counsel” guaranteed the defendant by the Sixth Amendment, and (3) that counsel’s deficient performance resulted in prejudice.”

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