Buck, Duane Edward’s Empirical Analysis

Citation profile

3 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “when an applicant can demonstrate that initial habeas counsel's performance fell below the minimum standards for representation set forth in Article 11.071, and when an applicant can demonstrate that, as a result of counsel's incompetence, a substantial claim for relief was forfeited, this Court may properly exercise its habeas jurisdiction to consider the merits of the underlying claim”

   1 later decision quote this exact passage
   e.g. Ex parte Ruiz

2. “when an applicant's statutory entitlement to minimally competent assistance of habeas counsel has been denied, and where such denial has led to the forfeiture of a substantial claim for relief, this Court should declare the initial filing improper and adjudicate the claim on the merits”

   1 later decision quote this exact passage
   e.g. Ex parte Rayford

3. “to the extent that it precludes consideration of a statutory claim [under Article 11.071 ] that initial habeas counsel's performance was so incompetent as to render the initial application frivolous and, therefore, void.”

   1 later decision quote this exact passage
   e.g. Ex parte Ruiz