Henderson v. State’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A movant is not entitled to an evidentiary hearing on a Rule 24.035 motion unless the motion's allegations of fact-excluding conclusions or matters refuted by the record-warrant relief. Where ineffective assistance of counsel is claimed, warrant of relief must be [shown] by such allegations of fact [that] if true, are sufficient to demonstrate [ ]: (1) trial counsel's performance did not conform to the degree of skill, care and diligence of a reasonably competent attorney, and (2) there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial. If a movant's Rule 24.035 motion fails in any of these particulars, a hearing shall not be held.”

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

2. “[t]he 'facts'-for purposes of our review-are those allegations of fact contained in [Mason]'s amended Rule 24.035 motion, excluding from consideration such allegations as are refuted by the record or are mere conclusions.”

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