State v. Lewis’s Empirical Analysis
1987
Citation profile
26 state decisions
How this case has been cited
Cited by 26 later decisions — most recently October 2015 · most notably State v. Green (1994), State v. Faison (1991)
26 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Strickland v. Washington · State v. Braswell · State v. Silhan · State v. Ashe · State v. Rook
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A defendant’s constitutional right to counsel includes the right to the effective assistance of counsel. State v. Braswell, 312 N.C. 553 , 324 S.E.2d 241 (1985). The test for determining whether a defendant in a criminal case has received effective assistance of counsel is that set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed. 2d 674 (1984), and the test is the same under both the federal and state constitutions. State v. Braswell, 312 N.C. 553 , 324 S.E.2d 241 . To establish that there was ineffective assistance of counsel a defendant must meet the two-prong test of Strickland : First the defendant must show that counsel’s performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.”
1 later decision quote this exact passagee.g. State v. Baker“When the evidence so warrants, a trial judge may submit a special verdict form to the jury that allows the jurors to indicate whether they find the defendant guilty of first degree murder based upon premeditation and deliberation or first degree murder based on a felony murder theory. State v. Silhan, 302 N.C. 223 , 275 S.E.2d 450 .(1981). However, if both theories are submitted to the jury and the jury finds the defendant guilty under both theories the underlying felony need not merge with the murder. State v. Rook, 304 N.C. 201 , 283 S.E.2d 732 (1981)[, cert. denied, 455 U.S. 1038 , 72 L. Ed. 2d 155 (1982)].”
1 later decision quote this exact passagee.g. State v. Burgess
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.