Pennycuff v. State’s Empirical Analysis

Citation profile

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. “A criminal defendant claiming ineffective assistance of trial counsel is at liberty to elect whether to raise this claim on direct appeal or in postconviction proceedings. But if raised on direct appeal, the appellate resolution of the issue acts as res judicata and precludes its reliti- gation in subsequent post-conviction relief proceedings. In contrast to a direct appeal, which addresses claims of error established in the record of proceedings through trial and judgment, a postconviction relief proceeding may receive new evidence not previously presented at trial. Ind. Post-Conviction Rules l(l)(a)(4) and 1(5). To establish a violation of the Sixth Amendment right to effective assistance of counsel requires a defendant to prove two components: (1) counsel’s performance fell below an objective standard of reasonableness based on prevailing professional norms; and (2) the deficient performance prejudiced the defendant to the extent that, but for counsel’s errors, the result of the proceeding would have been different. To support such a claim of ineffective assistance of counsel, it is often necessary to develop facts beyond those contained in the trial record. Unless foreclosed by raising the issue on direct appeal, a defendant should be permitted to present the issue of ineffective assistance of counsel utilizing the broader evidentiary opportunities afforded in postconviction proceedings. We therefore address only the defendant’s assertions that his trial counsel’s represe”

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

2. “In closing argument, the prosecutor referred only briefly to Pennycuff's failure to explain the calendar entries at his first opportunity. These references were sufficiently related to Pennycuff's claim of cooperation to qualify as rebuttal.”

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

3. “'When an ineffective assistance claim is predicated on counsel's failure to interpose an objection, appellant has the burden to show that a proper objection would have been sustained by the trial court.'”

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