McGilberry v. State’s Empirical Analysis

Citation profile

25 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he failure to present a case in mitigation during the sentencing phase of a capital trial is not, per se, ineffective assistance of counsel. This court has often upheld decisions not to put on mitigating evidence where the decision resulted from a strategic choice.”

   3 later decisions quote this exact passage
   e.g. 853 So. 2d 781 - Howard v. State · 857 So. 2d 740 - Jones v. State

2. “[i]f one aggravator is found to be invalid, we are authorized to reweigh the remaining aggravators against the mitigating circumstances and affirm, hold the error to be harmless, or remand for a new sentencing hearing. Miss.Code Ann. § 99-19-105(5)(b) (Rev.2000).”

   3 later decisions quote this exact passage
   e.g. 945 So. 2d 326 - Howard v. State · 897 So. 2d 960 - Davis v. State

3. “Such choices are presumed strategic `unless counsel's tactics are shown to be so ill chosen that it permeates the entire trial with obvious unfairness.'”

   2 later decisions quote this exact passage
   e.g. 989 So. 2d 973 - Smith v. State · 267 So. 3d 749 - Alondo Greenleaf v. State of Mississippi