Roscoe v. State’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. “Had applicant’s trial counsel consulted with the witnesses given him by the applicant, there is reasonable probability that results of proceedings could have been different. As argued by Applicant, Trial Counsel’s failure to interview any of the witnesses left this Applicant with no defense or evidence of mitigation at trial, effectively forcing him to throw himself upon the mercy of the court. The Court finds Trial Counsel’s argument that it was needless to interview witnesses due to Applicant’s Statement is not convincing. Applicant’s Statement did not address the charges comprising the lewd act, and was less conclusive on all elements of the CSC second degree charge. Applicant’s witness who testified at the PCR Hearing called into question the credibility of the complaining witness and presented facts through which impeachment might have been obtained. Her testimony also presented other aspects of the events leading to the charges in a light substantially different from that presented by the Solicitor. Trial Counsel argued that had he elicited such anticipated testimony it would have served to anger the Judge. Considering Applicant is the one who received the twenty year sentence, Applicant should have been afforded that decision based on counsel’s informed advice after counsel had actually heard what the witnesses had to say. I find that Trial Counsel’s representation fell below an objective standard of reasonableness and it is a reasonable probability that as a result th”

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

2. “[a]lthough we have consistently held a defendant must have a full understanding of the consequences of his plea and of the charges against him, the defendant must also demonstrate prejudice to be entitled to relief on PCR.”

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