Walker v. Williams’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The proper standard for evaluating the effectiveness of appellate counsel is set forth in Shorter v. Waters, 275 Ga. 581 ( 571 SE2d 373 ) (2002). See also Battles v. Chapman, 269 Ga. 702 ( 506 SE2d 838 ) (1998). Applying that standard, the ineffectiveness of trial counsel would be procedurally de faulted for purposes of habeas corpus relief unless [the petitioner] can meet his burden of showing that appellate counsel’s decision to forego that issue was an unreasonable tactical move which no competent attorney in the same situation would have made. See Shorter u. Waters, [supra] at 585; Battles v. Chapman, supra at 705 (1) (a). “The reviewing court may not use hindsight to second-guess appellate counsel’s strategy and tactical choices. [Cit.]” Battles v. Chapman, supra at 704 (1) (a). To overcome the presumption that his appellate counsel was effective, [the petitioner] must prove that the failure to raise the issue of his trial lawyer’s effectiveness was a decision which “only an incompetent attorney would have adopted.” Shorter v. Waters, 275 Ga. at 585 . See also Battles v. Chapman, supra at 705 (1) (a). [Cit.]”

   1 later decision quote this exact passage
   e.g. Brown v. Baskin