Wilkerson v. State’s Empirical Analysis

Citation profile

2 federal appellate · 123 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 125 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “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.”

   2 later decisions quote this exact passage
   e.g. Mayhue v. State · Ramirez v. State

2. “It is obvious from a review of the entire record that in certain respects trial counsel rendered sub-par assistance. But in the particular instances where this occurred, it has not been shown, as required by Strickland , that there is a reasonable probability, or probability sufficient to undermine confidence in the outcome, that the result of the proceeding would have differed had trial counsel’s assistance been effective.”

   1 later decision quote this exact passage · from the dissent
   e.g. Derrick v. State

3. “If a verbal description of the material portrayed is admissible, then a photograph reflecting the verbal testimony is also admissible.”

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