743 So. 2d 326 - Davis v. State’s Empirical Analysis

Citation profile

43 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “probability sufficient to undermine the confidence in the outcome.”

   25 later decisions quote this exact passage
   e.g. Jones v. State · Doss v. State

2. “Failure by a prisoner to raise objections, defenses, claims, questions, issues or errors either in fact or law which were capable of determination at trial and/or on direct appeal, regardless of whether such are based on the laws and the Constitution of the state of Mississippi or of the United States, shall constitute a waiver thereof and shall be procedurally barred, but the court may upon a showing of cause and actual prejudice grant relief from the waiver.”

   2 later decisions quote this exact passage
   e.g. Scott v. State · 980 So. 2d 951 - Davis v. State

3. “[W]hile attorneys will be granted wide discretion as to trial strategy, choosing defenses and calling witnesses, a certain amount of investigation and preparation is required. Failure to call a witness may be excused based on the belief that the testimony will not be helpful; such a belief in turn must be based on a genuine effort to locate or evaluate the witness, and not on a mistaken legal notion or plain inaction.”

   2 later decisions quote this exact passage
   e.g. Doss v. State · Porter v. State