McKee v. Harris’s Empirical Analysis

Citation profile

64 federal appellate · 5 district · 87 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 194 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'To warrant a substitution of counsel, the defendant must show good cause, such as a conflict of interest, a complete breakdown of communication or an irreconcilable conflict which leads to an apparently unjust verdict.'”

   7 later decisions quote this exact passage · from the majority
   e.g. United States v. Dan L. Williams · Terry L. Hill v. State of Mississippi

2. “`If the rule were otherwise, appointed counsel could be replaced for doing little more than giving their clients honest advice.'”

   6 later decisions quote this exact passage · from the majority
   e.g. State v. McReynolds, Unpublished Decision (1-3-2005) · State v. Hall, Unpublished Decision (8-24-2005)

3. “[e]ven if counsel had explored plea options based on a belief that Cowans might be guilty, counsel's belief in their client's guilt is not good cause for substitution. "`A lawyer has a duty to give the accused an honest appraisal of his case. * * * Counsel has a duty to be candid; he has no duty to be optimistic when the facts do not warrant optimism.'”

   5 later decisions quote this exact passage · from the majority
   e.g. State v. McReynolds, Unpublished Decision (1-3-2005) · State v. Hall, Unpublished Decision (8-24-2005)