457 So. 2d 995 - Chappell v. State’s Empirical Analysis

Citation profile

5 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"While the failure of counsel to investigate a potential source of exculpatory information may amount to ineffective assistance of counsel, United States v. Baynes , 687 F.2d 659 , 673 (3d Cir. 1982), `[t]he decision not to call a particular witness is usually a tactical decision not constituting ineffective assistance of counsel'. Oliver v. State , 435 So.2d 207 , 209 (Ala.Crim.App. 1983). See also Strickland v. Washington , [466] U.S. [668], 104 S.Ct. 2052 , 80 L.Ed 2d 674 (1984); United States v. Cronic , [466] U.S. [648], 104 S.Ct. 2039 , 80 L.Ed 2d 657 (1984). In reviewing a claim of ineffective *Page 534 assistance of counsel, courts must consider the totality of the circumstances of each case."”

   1 later decision quote this exact passage
   e.g. 484 So. 2d 531 - Luke v. State

2. “'Evidence is not considered newly discovered where a failure to thoroughly examine a witness prevents the earlier discovery of new or different testimony.' Johnson v. State , 439 So.2d 1340 , 1342 (Ala.Cr.App. 1983). This rule applies even where the witness does not actually testify at trial but whose existence is known to either the defendant or his attorney. Ward v. State , 49 Ala. App. 710 , 712 , 275 So.2d 690 (1973); Barnes v. State , 415 So.2d 1217 , 1219 (Ala.Cr.App. 1982).”

   1 later decision quote this exact passage
   e.g. 601 So. 2d 145 - Carnold v. State