Hemstreet v. Greiner’s Empirical Analysis

Citation profile

11 federal appellate ·

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

1. “[t]o establish ineffective assistance of counsel ..., [the defendant] must demonstrate (1) that his counsel’s performance was deficient, and (2) “that the deficient performance prejudiced the defense.” The first component “requires showing that counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment.” The second requires “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.””

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Kaid

2. “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”

   1 later decision quote this exact passage · from the majority
   e.g. Lewis v. Connecticut Commissioner of Correction

3. “Since [the potentially exculpatory witness] offered different versions of the salient events at different times, no one ... can say with any confidence what her testimony would have been [had she testified].”

   1 later decision quote this exact passage · from the majority
   e.g. Garner v. Lee