Harbert v. Franke’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) that a competent appellate counsel would have asserted the claim, and (2) that had the claim of error been raised, it is more probable than not that the result would have been different.”

   1 later decision quote this exact passage
   e.g. 290 Or. App. 63 - Sartin v. Taylor

2. “such as when the error is apparent on the face of the record, appellate counsel's failure to raise unpreserved matters does not, and cannot, constitute inadequate assistance.”

   1 later decision quote this exact passage
   e.g. 290 Or. App. 63 - Sartin v. Taylor