State v. Harvey’s Empirical Analysis

Citation profile

30 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The due process clauses and the sixth amendment guarantee an accused a fair trial. U.S. Const, amend VI & amend. XIV. An essential element of a fair trial is the assistance of counsel, elevated to constitutional dimension by the sixth amendment. Strickland v. Washington, [ 466 U.S. 668 ], 104 S.Ct. 2052 [ 80 L.Ed.2d 674 ] (1984). Courts uniformly recognize that the mere presence of an attorney in the courtroom is insufficient; the right to counsel means the right to effective assistance of counsel. Id. Evitts v. Lucey, [— U.S. -] 105 S.Ct. 830 [ 83 L.Ed.2d 821 ] (1985). ‘The benchmark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.’ Strickland, 104 S.Ct. at 2064 . Typically a defendant who raises an ineffective assistance claim must show both that counsel failed to provide reasonably effective assistance and that his defense was thereby prejudiced. Strickland, 104 S.Ct. at 2067-2071 ; Burton v. State, 641 S.W.2d 95 (Mo. banc 1982).”

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

2. “I will be physically present because I am sure the Court would require that, but I do not in any way intend to participate in the trial of this matter.”

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

3. “need not satisfy the second prong of the [ Strickland ] inquiry.”

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