Hansen v. State’s Empirical Analysis

Citation profile

17 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “defense counsel is presumed competent and the burden of proving otherwise rests on [the appellant].”

   4 later decisions quote this exact passage
   e.g. Foster v. State · Wiley v. State

2. “(1) Was defense counsel's performance deficient when measured by the objective standard of reasonable professional competence, and if so (2) Was [the appellant] prejudiced by such failure to meet that standard?”

   2 later decisions quote this exact passage
   e.g. 730 So. 2d 568 - Goss v. State · 702 So. 2d 113 - Hodgin v. State

3. “Judicial scrutiny of counsel's performance must be highly deferential. (citation omitted) ... A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time. Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action `might be considered sound trial strategy.'”

   1 later decision quote this exact passage
   e.g. 918 So. 2d 636 - Jordan v. State