State v. Phillips’s Empirical Analysis

Citation profile

67 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Deficient performance may be established by showing that counsel's representation fell below an objective standard of reasonableness. Generally, to establish prejudice, a defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.”

   8 later decisions quote this exact passage
   e.g. 242 N.C. App. 633 - State v. Holanek · State v. Burton

2. “a defendant must show that (1) counsel's performance was deficient and (2) the deficient performance prejudiced the defense.”

   8 later decisions quote this exact passage
   e.g. 242 N.C. App. 633 - State v. Holanek · State v. Burton

3. “"[Ineffective assistance of counsel] claims brought on direct review will be decided on the merits when the cold record reveals that no further investigation is required, i.e., claims that may be developed and argued without such ancillary procedures as the appointment of investigators or an evidentiary hearing." Therefore, on direct appeal we must determine if these ineffective assistance of counsel claims have been prematurely brought. If so, we must "dismiss those claims without prejudice to the defendant's right to reassert them during a subsequent [motion for appropriate relief] proceeding."”

   3 later decisions quote this exact passage
   e.g. State v. Burton · 251 N.C. App. 821 - State v. Cholon