Ex Parte Harrington’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An applicant for a post-conviction writ of habeas corpus bears the burden of proving his claim by a preponderance of the evidence. To demonstrate that he is entitled to post-conviction relief on the basis of ineffective assistance of counsel, an applicant must demonstrate that (1) counsel’s performance was deficient, in that it fell below an objective standard of reasonableness, and (2) the applicant was prejudiced as a result of counsel’s errors, in that, but for those errors, there is a reasonable probability of a different outcome. In the context of a collateral challenge to a guilty plea, the focus of the prejudice inquiry is on “whether counsel’s constitutionally ineffective performance affected the outcome of the plea process,” and on whether a defendant has shown that “but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.””

   1 later decision quote this exact passage · from the majority
   e.g. Ex Parte Elida Uribe

2. “We similarly defer to any implied findings and conclusions supported by the record.”

   1 later decision quote this exact passage · from the majority
   e.g. Ex parte Duque