State v. Gainey’s Empirical Analysis

Citation profile

177 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 181 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]o successfully assert an ineffective assistance of counsel claim, defendant must satisfy a two-prong test. First, he must show that counsel's performance fell below an objective standard of reasonableness. Second, once defendant satisfies the first prong, he must show that the error committed was so serious that a reasonable probability exists that the trial result would have been different.”

   7 later decisions quote this exact passage
   e.g. 263 N.C. App. 510 - State v. Casey · 200 N.C. App. 322 - State v. PERTILLER

2. “[o]ut-of-court statements that are offered for purposes other than to prove the truth of the matter asserted are not considered hearsay.”

   5 later decisions quote this exact passage
   e.g. 166 N.C. App. 401 - State v. Young · 181 N.C. App. 760 - State v. SUTCLIFF

3. “[i]n criminal cases, a question which was not preserved by objection noted at trial and which is not deemed preserved by rule or law without any such action, nevertheless may be made the basis of an assignment of error where the judicial action questioned is specifically and distinctly contended to amount to plain error.”

   3 later decisions quote this exact passage
   e.g. State v. Mazur · 165 N.C. App. 763 - State v. Jackson