Driscoll v. State’s Empirical Analysis

Citation profile

2 federal appellate · 20 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Counsel’s performance is assessed by determining if counsel acted “reasonably within prevailing professional norms under all circumstances.” See Sanders at 858. “Reasonably effective assistance may be defined as ‘the skill and diligence that a reasonably competent attorney would exercise under similar circumstances.’ ” Sanders at 858 , quoting Thomas v. Lockhart, 738 F.2d 304, 307 (8th Cir.1984), quoted in Kellogg v. Scurr, 741 F.2d 1099, 1100 (8th Cir.1984). (Emphasis in Sanders.) Appellant bears the burden of proving his grounds for relief by a preponderance of evidence_ That burden, with respect to an allegation of ineffective assistance of counsel, has been characterized as being “heavy” to bear. Stevens v. State, 560 S.W.2d 599 (Mo.App.1978); Pickens v. State, 549 S.W.2d 910 (Mo.App.1977); Lahmann v. State, 509 S.W.2d 791 (Mo.App.1974). It is within these parameters that the contentions by this appellant are considered.”

   3 later decisions quote this exact passage
   e.g. State v. Morris · Royal v. State

2. “[T]he focus is on (1) counsel’s performance, and, (2) if that performance is deficient, whether prejudice resulted from counsel’s breach of duty.”

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

3. “One of the officers, which was Officer Jackson, had been stuck,”

   1 later decision quote this exact passage
   e.g. Driscoll v. Delo