857 So. 2d 668 - Simon v. State’s Empirical Analysis

Citation profile

19 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) [his trial] counsel’s performance was deficient and (2) the deficient performance deprived [him] of a fair trial. [It is imperative that Taylor] make both showings. With regard to the showing of deficient performance, [our] inquiry will focus on whether [trial] counsel’s performance fell below an objective standard of reasonableness. The determination will consider whether the assistance was reasonable under all the circumstances seen from [trial] counsel’s perspective at the time, and the prevailing professional norms for attorneys. [Trial] counsel is presumed competent, and [appellate courts] indulgef ] a strong presumption that ... counsel’s conduct is within the wide range of reasonable professional assistance.”

   2 later decisions quote this exact passage
   e.g. 944 So. 2d 79 - Fulks v. State · 180 So. 3d 786 - Warren Taylor v. State of Mississippi

2. “(1) that the government possessed evidence favorable to the defendant (including impeachment evidence); (2) that the defendant does not possess the evidence nor could he obtain it himself with any reasonable diligence; (3) that the prosecution suppressed the favorable evidence; and (4) that had the evidence been disclosed to the defense, a reasonable probability exists that the outcome of the proceedings would have been different.”

   2 later decisions quote this exact passage
   e.g. 945 So. 2d 326 - Howard v. State · 37 So. 3d 10 - Underwood v. State

3. “In Holland , this Court was concerned with the fact that trial counsel had completely failed to give the trial court the opportunity to review the sufficiency of the evidence at the end of the trial. Not only did counsel fail to renew his motion for [a] directed verdict at the close of all proof, he did not present the trial court with any post-trial motions.”

   2 later decisions quote this exact passage
   e.g. Walker v. State · 881 So. 2d 940 - Odem v. State