State v. Clark’s Empirical Analysis

Citation profile

1 federal appellate · 25 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"A convicted defendant's claim that counsel's assistance was so defective as to require reversal of a conviction or death sentence has two components. 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 ..." State v. Clark, supra.”

   2 later decisions quote this exact passage
   e.g. 505 So. 2d 714 - State v. Brooks · 521 So. 2d 1214 - State v. Morris

2. “"[i]t is ... the policy of this court in capital cases to consider arguments which should have been raised in the trial court, but were not. State v. Glass, 455 So.2d 659 (La.1984), cert. denied, [471] U.S. [1080], 105 S.Ct. 2159 , 85 L.Ed.2d 514 , rehearing denied [472] U.S. [1033], 105 S.Ct. 3516 , 87 L.Ed.2d 645 (1985). We therefore do not agree [with the state's contention] that [defendant's] failure to object precludes our consideration of the question; yet neither should a defendant, with knowledge of the state's intention to introduce such evidence and with an opportunity to prepare his defense, be permitted to withhold his objection at trial, take his chances with the jury, and assign error in this court when his gamble fails.... Under these circumstances, [defendant] cannot complain of lack of notice or a lack of opportunity to prepare his defense, and is not entitled to a mistrial on this basis.”

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

3. “As in [the Cupp v. Naughten ] case, the instructions given in this one, viewed as a whole, were adequate to impress upon the jury that a defendant is presumed innocent, that the burden to prove guilt rests on the state, and that the jury is "free to exercise its collective judgment to reject what it [does] not find trustworthy or plausible." 414 U.S. at 149 , 94 S.Ct. at 401 .”

   1 later decision quote this exact passage
   e.g. 625 So. 2d 228 - State v. Harris