Head v. Ferrell’s Empirical Analysis

Citation profile

6 federal appellate · 36 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We note, as an initial matter, this Court’s own impression during the direct appeal that appellate counsel had “attack[ed] virtually every decision made by trial counsel.” [Ferrell, 401 S.E.2d at 746 ]. Ferrell’s appellate lawyer testified in the habeas proceeding that she obtained Ferrell’s file from his trial attorneys, interviewed Ferrell, spoke to his family members, reviewed some of his school records, and subpoenaed various other records. She also had an independent mental health expert interview Ferrell, review the findings of the mental health expert employed by trial counsel, and review Ferrell’s post-conviction mental health records. At the motion for new trial evidentiary hearing, appellate counsel attempted to show that Ferrell’s trial attorneys had not prepared sufficiently for the sentencing phase. Toward that end, appellate counsel presented a number of witnesses, including some of Ferrell’s family members, the mother of his children, and his trial counsel. Appellate counsel testified at the habeas hearing that Ferrell’s family members were “traumatized” at the time of the motion for new trial. This testimony is confirmed by the testimony of Ferrell’s trial attorneys at the motion for new trial hearing indicating that several of Ferrell’s own family members believed that he had murdered his grandmother and cousin. Trial counsel further testified that they had been in contact with Ferrell’s parents from the beginning of their representation, had obtained a list ”

   2 later decisions quote this exact passage
   e.g. Ferrell v. Hall · Ferrell v. Head

2. “must show that his appellate lawyer rendered deficient performance and that actual prejudice resulted. Strickland v. Washington, [ 466 U. S. 668, 687 (III) ( 104 SCt 2052 , 80 LE2d 674) (1984)]; Battles v. Chapman, 269 Ga. 702 ( 506 SE2d 838 ) (1998); Smith v. Francis, 253 Ga. 782, 783-784 (1) ( 325 SE2d 362 ) (1985). With respect to the performance prong, counsel on appeal is “strongly presumed to have rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment.” Strickland v. Washington, supra[, 466 U. S.] at 690. Because counsel’s performance is considered in light of the circumstances surrounding the representation, reference to hindsight is inappropriate in judging counsel’s performance. [Id.] at 689-690.... In order to find actual prejudice, a court must conclude that “there is a reasonable probability (i.e., a probability sufficient to undermine confidence in the outcome) that, but for counsel’s unprofessional errors, the result of the proceeding would have been different [cit.].” Smith v. Francis, supra[, 253 Ga.] at 783 (1). An ineffective assistance claim presents a mixed question of fact and law, and we accept the habeas court’s findings of fact unless clearly erroneous but independently apply those facts to the law. Strickland v. Washington, supra[, 466 U. S.] at 698; Lajara v. State, 263 Ga. 438, 440 (3) ( 435 SE2d 600 ) (1993).”

   2 later decisions quote this exact passage
   e.g. BRYSON v. JACKSON · Williams v. Rudolph

3. “Ferrell submitted to the habeas court the affidavit testimony of three mental health professionals suggesting that Ferrell suffers from organic brain damage, mental illness, an epileptic or seizure disorder, and mental retardation. ■However, this testimony, even if taken at face value, fails to demonstrate that Ferrell’s appellate lawyer rendered ineffective assistance, because she performed as a reasonable attorney would have by obtaining a mental health expert to meet with Ferrell, to review the findings of the mental health expert employed by trial counsel, and to examine the mental health records created during Ferrell’s incarceration. The expert employed by counsel on appeal found Ferrell to be competent, sane, and faking amnesia, and informed her that he could not be helpful. Testimony by trial counsel at the motion for new trial hearing showed that they saw no indications in interacting with Ferrell that suggests ed mental illness. Appellate counsel, like Ferrell’s trial attorneys, performed reasonably by obtaining expert assistance in investigating the few issues regarding Ferrell’s mental functioning that would have seemed of possible concern to a non-expert and then foregoing arguments not supportable by the opinions of those experts.”

   1 later decision quote this exact passage
   e.g. Ferrell v. Head