Johnson v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To prove ineffectiveness of appellate counsel, [the movant has] to show that counsel failed to raise a claim of error on appeal that a competent and effective lawyer would have recognized and asserted. The movant “must show that the claimed error [was] sufficiently serious to create a reasonable probability that, if it was raised, the outcome of the appeal would have been different.” “The right to relief [on such a claim] inevitably tracks the plain error rule”; thus, the movant must show that “the error that was not raised on appeal was so substantial as to amount to a manifest injustice or a miscarriage of justice.””

   1 later decision quote this exact passage · from the majority
   e.g. Sykes v. State

2. “[I]neffective assistance of counsel is rarely found in cases [where trial counsel has failed] to object.”

   1 later decision quote this exact passage · from the majority
   e.g. Butler v. State