Burnett v. State’s Empirical Analysis

Citation profile

1 federal appellate · 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Hill thus acknowledges that the Strickland inquiry for “prejudice” necessarily . depends on the specific evidence and circumstances surrounding the claimed error. It follows, therefore, that the determinative factors for evaluating whether counsel’s ineffectiveness is prejudicial must be based on the specific facts and circumstances of the case. Reliance on Hill’s “template” that a defendant must contend that “but for” counsel’s ineffective assistance the defendant would have insisted on going to trial as determinative of whether a defendant can establish prejudice completely ignores Strickland’s looser emphasis on whether a defendant can establish “an adverse effect on the defense.” We conclude that though prejudice may, and often will, be established by a defendant’s showing that “but for” counsel’s ineffective assistance, the defendant would not have pled guilty and would have insisted on going to trial, this is not the only way prejudice can be established. According to Strickland, the test of prejudice is whether “the result of the proceeding would have been different.” Id. at 358 (citations omitted).”

   1 later decision quote this exact passage
   e.g. Berry v. State

2. “When the sentence imposed is within the range prescribed by statute, the sentence generally will not be found excessive, or grossly disproportionate, to the crime committed.”

   1 later decision quote this exact passage
   e.g. State v. Webb

3. “A sentence within the range prescribed by statute generally will not be found excessive, or grossly disproportionate, to the crime committed.”

   1 later decision quote this exact passage
   e.g. Duncan v. State