State v. Musser’s Empirical Analysis

Citation profile

1 federal appellate · 29 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To establish a claim of ineffective assistance of counsel, the defendant must show: (1) trial counsel failed to perform an essential duty; and (2) prejudice resulted from this failure. Counsel has no duty to raise an issue or make an objection that has no merit. “ ‘Generally, ineffective-assistance claims are preserved for postconvietion relief proceedings to afford the defendant an evidentiary hearing and thereby permit the development of a more complete record.’ ” If the record on appeal shows, however, that the defendant cannot prevail on such a claim as a matter of law, we will “ ‘affirm the defendant’s conviction without preserving the inef fective-assistance-of-counsel claims.’ ” Conversely, if the record on appeal establishes both elements of an ineffective-assistance claim and an evidentiary hearing would not alter this conclusion, we will reverse the defendant’s conviction and remand for a new trial.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Schaer

2. “(1) Testimony of witness with knowledge. Testimony that a matter is what it is claimed to be. [[Image here]] (7) Public records or reports. Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report, statement, or data compilation, in any form, is fi’om the public office where items of this nature are kept.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State of Iowa v. Brock McRey Burgdorf

3. “The Due Process Clause of the Fourteenth Amendment to the United States Constitution prohibits vague statutes. A statute can be impermissibly vague for either of two independent reasons. First, if it fails to provide people of ordinary intelligence a reasonable opportunity to understand what conduct it prohibits. Second, if it authorizes or even encourages arbitrary and discriminatory enforcement.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State of Iowa v. Darrell Allen Showens