798 So. 2d 481 - Brown v. State’s Empirical Analysis

Citation profile

57 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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The benchmark for judging any claim of ineffectiveness [of counsel] must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." Strickland v. Washington , 466 U.S. 668 , 686 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). A defendant must demonstrate that his counsel's performance was deficient and that the deficiency prejudiced the defense of the case. Id. at 687 , 466 U.S. 668 , 104 S.Ct. 2052 . "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." Stringer v. State , 454 So.2d 468 , 477 (Miss. 1984) (citing Strickland v. Washington , 466 U.S. at 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 ). The focus of the inquiry must be whether counsel's assistance was reasonable considering all the circumstances. Id. Judicial scrutiny of counsel's performance must be highly deferential, (citation omitted) . . . A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time. Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; th”

   8 later decisions quote this exact passage
   e.g. Jones v. State · Hodges v. State

2. “Brown is essentially arguing that Dr. Little's testimony was ineffective; however, he is not constitutionally entitled to the effective assistance of an expert witness. Wilson v. Greene, 155 F.3d 396, 401 (4th Cir.1998). The issue is without merit.”

   3 later decisions quote this exact passage
   e.g. Wilcher v. State · 860 So. 2d 653 - Jackson v. State

3. “Failure to raise meritless objections is not ineffective lawyering.”

   2 later decisions quote this exact passage
   e.g. Moss v. State · 912 So. 2d 730 - Hodges v. State