Williams v. State’s Empirical Analysis

Citation profile

2 federal appellate · 8 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Specifically movant challenges Marshall’s failure to cross-examine Morgan on his “deal” with the state and on his prior inconsistent statements. Marshall readily acknowledged that his strategy, discussed with and concurred in by mov-ant, was to avoid these areas in cross-examination of Morgan. He concentrated instead on Morgan’s heavy drug addiction. This, combined with expert testimony as to the effects of such addiction on Morgan’s mental condition, was designed to convince the jury of Morgan’s unreliability as a witness and to frame the possibility of Morgan as the sole murderer. Marshall had observed the Brummett trial * and three other trials in which exploration of the “deal" and inconsistent statements had been unsuccessful in producing an acquittal. He was also aware that in the Brummett trial, Williams’ participation in the killing of Domann had come before the jury and the jury had assessed the death penalty. The matter of the “deal” was the subject of questioning during the voir dire examination of the Domann jurors. The jury was aware therefore that Morgan was testifying in exchange for a promise of non-prosecution. Morgan’s prior criminal record was brought out during his direct examination by the state. Marshall based his cross-examination upon his concern that by “opening the door” concerning, the deal he would allow the prosecution to carry across the threshold a complete recitation of the crimes for which Morgan would not be prosecuted, including the murder o”

   1 later decision quote this exact passage
   e.g. Williams v. Armontrout

2. “The ultimate evaluation is the reasonableness of counsel’s assistance. The distortions of hindsight based upon a lack of success are to be eschewed. Counsel is strongly presumed to have rendered effective assistance and to have made all significant decisions in the exercise of reasonable professional judgment. Strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchal-lengable [sic]. To establish prejudice the movant must establish that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.”

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