Gardner v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A defendant who seeks postconviction relief on the ground of ineffective assistance of counsel has the burden ‘to establish a serious dereliction of duty on the part of his counsel which materially affected his substantial rights. The dereliction should be of such grave nature as to obviously result in the miscarriage of justice.’ Fitzpatrick v. State, 578 S.W.2d 339, 340 [3] (Mo.App.1979). Fitzpatrick points out that it is not sufficient for movant to show that counsel failed to perform some duty. Movant ‘must also establish that the failure actually prejudiced the defense.’ Fitzpatrick, supra, at 341 [8]. To similar effect see Cox v. State, 572 S.W.2d 631, 633 [3] (Mo.App.1978).””

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