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← 430 So. 2d 1005 - State v. Berry

430 So. 2d 1005 - State v. Berry’s Empirical Analysis

1983

Citation profile

51
cited by 51 later decisions
3
states following
October 2018
most recently cited

3 federal appellate · 42 state decisions

How this case has been cited

Cited by 51 later decisions — most recently October 2018 · most notably State Ex Rel. Graffagnino v. King (1983), 505 So. 2d 714 - State v. Brooks (1987)

3 federal appellate · 42 state decisions

3001983199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Chapman v. State of California · McMann v. Richardson · Engle v. Isaac · Beck v. Alabama · Page v. Work

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

  1. “reasonably likely to render and [actually] rendering reasonably effective assistance.”
    2 later decisions quote this exact passage · from the concurrence
  2. “It is argued that [trial counsel] admitted his client’s guilt. This is incorrect. The first remark is a comment on an obvious and inescapable fact; counsel may have been trying to establish his candor with the jury. The second remark forms part of the theme of the opening statement: Berry, although culpable, was not guilty of First Degree Murder. Narrowing the presumption of innocence claim to the charge of first degree murder was intended to direct the jury toward a lesser verdict. Read in context these statements are not violations of the attorney’s duty.”
    1 later decision quote this exact passage · from the majority
  3. “Defendants in criminal trials are entitled to effective assistance of counsel under the Sixth Amendment to the United States Constitution and Art. 1, § 13 of the Louisiana Constitution. "Effective assistance" is difficult to define. Louisiana requires that counsel "meet the level of competency normally demanded in criminal cases." State v. Felde, 422 So.2d 370 at 393 (La.1982). This is essentially the standard enunciated in McMann v. Richard, 397 U.S. 759 at 771 , 90 S.Ct. 1441 at 1449 , 25 L.Ed.2d 763 at 773 (1970).”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.