Malcom v. Houston’s Empirical Analysis

Citation profile

4 federal appellate · 4 district · 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We rarely presume prejudice in ineffective assistance of counsel cases. United States v. White, 341 F.3d 673, 679 (8th Cir.2003). In White , counsel failed to conduct any independent investigation of the case. Id. at 678-79 . Further, “[cjounsel called no witnesses, offered no exhibits, requested no jury instructions, failed to submit a trial brief, and participated in trial solely through cross-examinations which he did not prepare ahead of time.” Id. at 678 . Even so, counsel otherwise participated in the case as an attorney, and therefore the defendant was not completely without counsel. Id. at 678-79 . We did not presume prejudice in White , and we rejected White’s claim that she was prejudiced by counsel’s failure to call witnesses, concluding that there was no reasonable probability that the result of the proceeding would have been different had they been called. Id. at 679-80 .”

   1 later decision quote this exact passage · from the majority
   e.g. 547 F. Supp. 2d 1007 - Benzel v. Houston