Wilcher v. State’s Empirical Analysis

Citation profile

23 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. “that defense counsel is under no duty to attempt to transfer venue and, therefore, the decision not to would fall within the realm of strategy. [ Faraga v. State, 514 So.2d 295, 307 (Miss.1987)] (citing Murray v. Carrier, 477 U.S. 478 , 106 S.Ct. 2639 , 91 L.Ed.2d 397 (1986)). We find that, likewise, the decision to obtain a venue change is within the realm of strategy.”

   3 later decisions quote this exact passage
   e.g. 953 So. 2d 1063 - Turner v. State · 882 So. 2d 135 - Bishop v. State

2. “The Mississippi Supreme Court has stated that, where the record cannot support an ineffective assistance of counsel claim on direct appeal, the appropriate conclusion is to deny relief, preserving the defendant's right to argue the same issue through a petition for post-conviction relief.”

   2 later decisions quote this exact passage
   e.g. Nitin Malik v. State of Mississippi · Aaron Lyons v. State of Mississippi

3. “(a) ... the record affirmatively shows ineffectiveness of constitutional dimensions, or (b) the parties stipulate that the record is adequate and the Court determines that findings of fact by the trial judge able to consider the demeanor of witnesses, etc. are not needed.”

   2 later decisions quote this exact passage
   e.g. Nitin Malik v. State of Mississippi · 989 So. 2d 938 - Staten v. State