Tinsley v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To prevail on the first, or performance, prong of this standard, the movant “must overcome the presumptions that any challenged action was sound trial strategy and that counsel rendered adequate assistance and made all significant decisions in the exercise of professional judgment.” [State v.] Simmons, 955 S.W.2d [729] at 746 [(Mo. 1997)] (citing Strickland [v. Washington], 466 U.S. [668] at 689-90, 104 S.Ct. 2052 , 80 L.Ed.2d 674 [(1984)]). In order to satisfy the second, or prejudice, prong of this standard, the movant must establish “a reasonable probability that the outcome of the proceeding would have been different but for counsel’s ineffectiveness.” Evans [v. State], 239 S.W.3d [191] at 194 [(Mo.App.2007)] (citing Simmons, 955 S.W.2d at 746). Both prongs are necessary for a finding of ineffective assistance; if either is not met, this Court need not consider the other, and the movant’s claim must fail. Id.”

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