Valle v. State’s Empirical Analysis

Citation profile

2 federal appellate · 31 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 34 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. Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable.”

   10 later decisions quote this exact passage · from the majority
   e.g. Marquard v. Secretary for the Department of Corrections · State v. Lewis

2. “a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.”

   7 later decisions quote this exact passage · from the majority
   e.g. 986 So. 2d 501 - Rhodes v. State · 898 So. 2d 25 - Arbelaez v. State

3. “bears the burden of proving that counsel's representation was unreasonable under prevailing professional norms and that the challenged action was not sound strategy.”

   4 later decisions quote this exact passage · from the majority
   e.g. Phillips v. State · 898 So. 2d 25 - Arbelaez v. State