State v. Nielsen’s Empirical Analysis

Citation profile

2 federal appellate · 68 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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under Strickland , a [postconviction] defendant must show that his trial counsel’s performance was deficient and that the deficient performance prejudiced the defendant’s defense in such a way that the defendant was denied a fair trial, that is, that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.”

   3 later decisions quote this exact passage
   e.g. 3 Neb. Ct. App. 778 - State v. McGurk · 3 Neb. Ct. App. 821 - State v. Wiemer

2. “[I]n order to state a claim of ineffective assistance of counsel as violative of the Sixth Amendment to the U.S. Constitution and thereby obtain reversal of a conviction, one must show that counsel’s performance was deficient and such deficient performance prejudiced one’s defense, that is, demonstrate a reasonable probability that, but for counsel’s deficient performance, the result of the proceeding would have been different.”

   1 later decision quote this exact passage
   e.g. 2 Neb. Ct. App. 946 - State v. Vann

3. “The failure of counsel to investigate or move to suppress a questionable confession is not per se ineffective assistance of counsel if it can be shown from the record that the evidence is so overwhelming against the defendant that failure to investigate or suppress the confession was a reasonable strategic move by counsel or that the defendant suffered no prejudice from counsel’s inaction.”

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