Lott v. Trammell’s Empirical Analysis

Citation profile

14 federal appellate ·

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

1. “In Simpson , the OCCA made clear that Rule 3.11 obligates it to “thoroughly review and consider [a defendant’s Rule 3.11] application and affidavits along with other attached non-record evidence.” 230 P.3d at 905 . Thus, even in cases, such as Wilson , where the OCCA summarily disposes of a defendant’s Rule 3.11 application without discussing the non-record evidence, we can be sure that the OCCA in fact considered the non-record evidence in reaching its decision. Such a conclusion, we note, is entirely consistent with the Supreme Court’s repeated admonitions that AED-PA’s deferential standards of review “do[ ] not require that there be an opinion from the state court explaining the state court’s reasoning.” Harrington v. Richter [- U.S. -], 131 S.Ct. 770, 784 [ 178 L.Ed.2d 624 ] (2011). The OCCA’s decision in Simpson also clarifies that the interplay of Rule 3.1 l’s “clear and convincing” evidentiary standard and its “strong possibility of ineffectiveness” substantive standard is “intended to be less demanding than the test imposed by Strickland.” 230 P.3d at 906 . In other words, the OCCA in Simpson has now assured us that “when [it] review[s] and den[ies] a request for an evidentiary hearing on a claim of ineffective assistance under the standard set forth in Rule 3.11, [it] necessarily make[s] the adjudication that Appellant has not shown defense counsel to be ineffective under the more rigorous federal standard set forth in Strickland.” Id. Consequently, it is plain to us”

   1 later decision quote this exact passage
   e.g. Glossip v. Trammell

2. “A convicted defendant’s claim that counsel’s assistance was so defective as to require reversal of a conviction or death sentence has two components. First, the defendant must show that counsel’s performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.”

   1 later decision quote this exact passage
   e.g. Wilson v. Trammell