State v. McCoy’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Ordinarily, we do not consider issues raised for the first time on appeal. The issues forming the basis of the defendant’s claim of ineffective assistance of counsel fall into that category. However, we recognize an exception in the case of claims of ineffective assistance of counsel. We do so because as a practical matter these claims are .not made by attorneys against their own actions. “Because the defendant’s claims of ineffective assistance of counsel arise from his Sixth Amendment right to counsel, our review is de novo.””

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

2. “[a] defendant who chooses to testify waives his privilege against compulsory self-incrimination with respect to the testimony he gives, and that waiver is no less effective or complete because the defendant may have been motivated to take the witness stand in the first place only by reason of the strength of the lawful evidence adduced against him.”

   1 later decision quote this exact passage
   e.g. Brown v. Commonwealth

3. “[t]he inescapable conclusion ... that trial counsel had no plausible, tactical, or legitimate reason to refrain”

   1 later decision quote this exact passage
   e.g. State of Iowa v. Austin Michael Schable