453 So. 2d 1102 - Downs v. State’s Empirical Analysis

Citation profile

1 federal appellate · 91 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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The benchmark for judging claims of ineffectiveness ... is whether the conduct of counsel `so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.'”

   5 later decisions quote this exact passage
   e.g. 531 So. 2d 1382 - Overton v. State · 766 So. 2d 1131 - Cabrera v. State

2. “[d]efendant must affirmatively prove prejudice.”

   4 later decisions quote this exact passage
   e.g. 531 So. 2d 1382 - Overton v. State · 557 So. 2d 929 - State v. Gibson

3. “`[S]trategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable; and strategic choices made after less than complete investigation are reasonable precisely to the extent that reasonable professional judgments support the limitations on investigations. In other words, counsel has a duty to make reasonable investigations or to make a reasonable decision that makes particular investigations unnecessary. In any ineffectiveness case, a particular decision not to investigate must be directly assessed for reasonableness in all the circumstances, applying a heavy measure of deference to counsel's judgments.'”

   3 later decisions quote this exact passage
   e.g. 531 So. 2d 1382 - Overton v. State · 969 So. 2d 1055 - Casey v. State