Waters v. State’s Empirical Analysis

Citation profile

1 federal appellate · 8 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A petition for post-conviction relief is not generally regarded as a criminal proceeding and does not call for a public trial within the meaning of these constitutional provisions. It thus is not required that the constitutional standards be employed when judging the performance of counsel when prosecuting a post-conviction petition at the trial level or at the appellate level. We therefore apply a lesser standard responsive more to the due course of law or due process of law principles which are at the heart of the civil post-convietion remedy. We adopt the standard that if counsel in fact appeared and represented the petitioner in a procedurally fair setting which resulted in a judgment of the court, it is not necessary to judge his performance by the rigorous standard set forth in Strickland ....”

   3 later decisions quote this exact passage
   e.g. Douglas v. State · Bahm v. State

2. “{clounsel, in essence, abandoned his client and did not present any evidence in support of his client's claim.”

   2 later decisions quote this exact passage
   e.g. Bahm v. State · Graves v. State

3. “counsel in fact appeared and represented the petitioner in a procedurally fair setting which resulted in a judgment of the court.”

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