Lunce v. Dowd’s Empirical Analysis

Citation profile

9 federal appellate · 1 district · 2 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are not unmindful of the strict test to be applied to unbridled claims of incompetence brought by prisoners against their trial counsel after incarceration for .crimes has given time for bitter reflection. To allow complaints of mistake in judgment, error in trial strategy or misconception of the law to be labeled as “incompetence” would be to open the doors to every prisoner to charge his conviction to errors of counsel. ‘Petitions challenging the competency of counsel, especially years after the conviction, must clearly-allege such a factual situation which if' established by competent evidence would show the representation of counsel was such as ■ to reduce the trial to a farce or a sham. Obherwise, they should he dismissed.’ (Our emphasis.) United States ex rel. Feeley v. Ragen, 7 Cir., 1948, 166 F.2d 976, 981 .” And in Golpin v. United States, 6 Cir., 1958, 252 F.2d 685, 687 , it is stated: “A cognizable issue as to effective assistance of counsel is not tendered by mere general criticism of an attorney’s conduct of the defense. In order to present a colorable showing of lack of effective assistance of counsel, a defendant must descend to particulars and allege what the attorney did or failed to do that constituted malrepresentation. See: Taylor v. United States, 9 Cir., 1956, 238 F.2d 409 , 413 — 414; Adams v. United States, 1955, 95 U.S.App.D.C. 354 , 222 F.2d 45, 47 .””

   1 later decision quote this exact passage · from the majority
   e.g. Medberry v. Patterson