Averhart v. State’s Empirical Analysis

Citation profile

3 federal appellate · 26 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[AJppellant was directly attacking his trial counsel in his post-conviction relief petition. It is obvious that counsel would be the person designated by the State to remain in the courtroom to aid in the presentation of the State's evidence. The post-conviction court did not err in permitting appellant's trial counsel to remain at the State's table during the entire proceeding.”

   1 later decision quote this exact passage · from the majority
   e.g. Miller v. State

2. “reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.”

   1 later decision quote this exact passage · from the majority
   e.g. Bowen v. State

3. “Delving into the inner workings of the prosecuting attorney's office at the time of preparation for trial would of course be invading the work-product privilege”

   1 later decision quote this exact passage · from the majority
   e.g. Pelley v. State