Kelly v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Perhaps the better procedure would have been for trial counsel to question appellant on the record as to his understanding that he was waiving the requirement that the state prove up the record of his prior conviction ... but Kelly was clearly not prejudiced by his counsel’s failure to do so. He did not deny then and does not now deny the existence of the prior felony conviction. Under these circumstances trial counsel’s failure to clarify the waiver must be considered a harmless omission which does not rise to the level of a due process violation. Nor is the omission an instance of ineffective assistance of counsel under the standard announced in Seales v. State, 580 S.W.2d 733 (Mo. en banc 1979).”

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