Gates v. State’s Empirical Analysis

Citation profile

89 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 90 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.””

   14 later decisions quote this exact passage · from the concurrence
   e.g. State v. Powell · Lukens v. State

2. “[T]he defendant must show that counsel's errors 'actually' had an adverse effect in that but for the errors the result of the proceeding probably would have been different.”). Because both the plain error and ineffective assistance of counsel tests require a showing of prejudice, it is redundant to address this claim under plain error. Moreover, because it was counsel’s strategy not to object to the”

   6 later decisions quote this exact passage · from the concurrence
   e.g. Dereje v. State · In re Commitment of Johnson

3. “[although we have discussed the performance component of an ineffectiveness claim prior to the prejudice component, there is no reason for a court deciding an ineffective assistance claim to approach the inquiry in the same order or even to address both components of the inquiry if the defendant makes an insufficient showing on one. * * * If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Rhodes