Brown v. State’s Empirical Analysis

Citation profile

33 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. “[W]hen a failure to depose is alleged as part of an ineffective assistance of counsel claim, the appellant must specifically set forth the harm from the alleged omission, identifying `a specific evidentiary matter to which the failure to depose witnesses would relate.'”

   3 later decisions quote this exact passage · from the majority
   e.g. 997 So. 2d 1284 - HAQ v. State · 928 So. 2d 1089 - Davis v. State

2. “is not how present counsel would have proceeded, in hindsight, but rather whether”

   3 later decisions quote this exact passage · from the majority
   e.g. Ferrell v. State · 937 So. 2d 578 - Philmore v. State

3. “[F]irst, whether the alleged omissions are of such magnitude as to constitute a serious error or substantial deficiency falling measurably outside the range of professionally acceptable performance and, second, whether the deficiency in performance compromised the appellate process to such a degree as to undermine confidence in the correctness of the result.”

   2 later decisions quote this exact passage · from the majority
   e.g. Mungin v. State · David Sylvester Frances v. State of Florida