Stough v. State’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, . . . [he] must establish specific errors or omissions of defense counsel reflecting counsel’s lack of skill, judgment or diligence. State v. Kahalewai, 54 Haw. at 30 , 501 P.2d at 979; People v. Pope, 23 Cal.3d 412, 425 , 590 P.2d 859, 866 (1979). Second,. . . [he] must establish that these errors or omissions resulted in either the withdrawal or substantial impairment of a potentially meritorious defense. State v. Kahalewai, 54 Haw. at 32 , 501 P.2d at 980 ; People v. Pope, 23 Cal.3d at 425 , 590 P.2d at 866 . Where . . . [a defendant] successfully meets these burdens, he will have proven the denial of assistance “within the range of competence demanded of attorneys in criminal cases.””

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