473 So. 2d 1179 - Collier v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.' Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674 (1984). "In Strickland, supra, the U.S. Supreme Court set out a two-part test which must be applied when reviewing an inadequate representation claim. `First, the defendant must show that counsel's performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the "counsel" guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable.' Strickland, 104 S.Ct. at 2064 . "In applying this test, the Supreme Court stated that, `... a court need not determine whether counsel's performance was deficient before examining the prejudice suffered by the defendant as a result of the alleged deficiencies. The object of an ineffectiveness claim is not to grade counsel's performance. If it is easier to dispose of an ineffectiveness claim on the gro”

   1 later decision quote this exact passage
   e.g. Anonymous v. State

2. “`... The appropriate test for prejudice is stated in Strickland, 104 S.Ct. at 2068 : "The defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.”

   1 later decision quote this exact passage
   e.g. Anonymous v. State

3. “Strickland, 104 S.Ct. at 2069 .' Duncan v. State, 461 So.2d 906, 909 (Ala.Cr.App. 1984).”

   1 later decision quote this exact passage
   e.g. Anonymous v. State