State v. Marshall’s Empirical Analysis

Citation profile

70 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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We begin by addressing [the defendant’s] argument that Massaro v. United States, 538 U.S. 500 , 123 S. Ct. 1690 , 155 L. Ed. 2d 714 (2003), eliminates any procedural bar resulting from the failure of appellate counsel to raise claims of ineffective assistance of trial counsel on direct appeal. Massaro was a federal postconviction proceeding brought pursuant to 28 U.S.C. § 2255 (1994) in which the prisoner alleged ineffective assistance of trial counsel. A federal appeals court had affirmed the dismissal of the action on the ground of procedural default, due to the fact that Massaro was represented on direct appeal by new counsel who did not raise the issue of ineffective assistance of trial counsel. The Court acknowledged the general federal rule that “claims not raised on direct appeal may not be raised on collateral review unless the petitioner shows cause and prejudice,” noting that this “procedural-default rule is neither a statutory nor a constitutional requirement,” but, rather, “a doctrine adhered to by the courts to conserve judicial resources and to respect the law’s important interest in the finality of judgments.” 538 U.S. at 504 . Resolving a conflict among the federal courts of appeals, the U.S. Supreme Court held that “failure to raise an ineffective-assistance-of-counsel claim on direct appeal does not bar the claim from being brought in a later, appropriate proceeding under § 2255.” 538 U.S. at 509 . The Massaro Court noted that a “growing majority” of state c”

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