Higginbotham v. State’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “about his decision-making with regard to this issue. In evaluating an attorney’s performance, there is a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance. Where trial counsel does not testify at the motion for new trial hearing about the subject, it is extremely difficult to overcome this presumption.”

   2 later decisions quote this exact passage
   e.g. Smith v. State · 332 Ga. App. 414 - Arbegast v. the State

2. ““before a potential juror is so excused, it must be shown that the individual holds an opinion of the defendant’s guilt or innocence that is so fixed and definite that the individual will not be able to set the opinion aside and decide the case based upon the evidence and the court’s instructions.””

   2 later decisions quote this exact passage
   e.g. Fisher v. State · Hargrove v. State