State v. Burnett’s Empirical Analysis

Citation profile

37 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “). Pfannenstiel's motion, in which he requested the dismissal of his court-appointed attorney and the appointment of new counsel, alleged several grounds that potentially established a conflict of interest, an irreconcilable disagreement, or a complete breakdown in communication between himself and his attorney. Thus, his motion constituted”

   3 later decisions quote this exact passage
   e.g. State v. Guebara · State v. Pfannenstiel

2. ““A claim alleging ineffective assistance of counsel presents mixed questions of fact and law requiring de novo review. Consequently, appellate courts review the underlying factual findings for support by substantial competent evidence and the legal conclusions based on those facts de novo. State v. Cheatham, 296 Kan. 417, 430 , 292 P.3d 318 (2013). “To establish ineffective assistance of counsel, the defendant must establish (1) that counsel’s performance was constitutionally deficient, which requires a showing that counsel made errors so serious that his or her performance was less than that guaranteed by the Sixth Amendment to the United States Constitution, and (2) that counsel’s deficient performance prejudiced the defense, which requires a showing that counsel’s errors were so severe as to deprive the defendant of a fair trial. Cheatham, 296 Kan. at 431 . “Judicial scrutiny of counsel’s performance in a claim of ineffective assistance of counsel is highly deferential and requires consideration of all the evidence before the judge or jury. The reviewing court must strongly presume that counsel’s conduct fell within the broad range of reasonable professional assistance. Harris v. State, 288 Kan. 414, 416 , 204 P.3d 557 (2009). To establish prejudice, the defendant must show a reasonable probability that, but for counsel’s deficient performance, the outcome of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confide”

   2 later decisions quote this exact passage
   e.g. State v. Johnson · State v. Reed

3. “'the importance of the witness' testimony, whether the testimony was cumulative, the presence or absence of evidence corroborating or contradicting the testimony of the witness on material points, the extent of cross-examination otherwise permitted, and the overall strength of the case.'”

   2 later decisions quote this exact passage
   e.g. State v. Zapata-Grimaldo · State v. Contreras