Grayson v. State’s Empirical Analysis

Citation profile

18 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “¶ 22. Grayson next asserts that counsel was ineffective because they did not submit blood samples and the fingernail scrapings of the victim for DNA analysis. In his statements to law enforcement, Grayson implicated Jason Kilpatrick as the murderer. Grayson contends that had DNA testing been performed, it “might very well have linked Kilpatrick to the crime scene.” The State argues that it was sound trial strategy not to have DNA testing done. In his statements to police, Gray-son admits to being at the victim’s home with Kilpatrick at the time of the crime. Even if DNA analysis revealed Kilpatrick’s involvement, it would not prove Grayson’s innocence. Additionally, pointing the finger at Kilpatrick, who was not called during trial, was one of the main defense strategies. By conducting DNA testing it may have removed the “empty chair” defense counsel was trying to fill with Kilpa-trick. ¶ 28. Grayson has not shown that counsels’ failure to conduct DNA testing was deficient performance. Strickland, 466 U.S. at 688 , 104 S.Ct. at 2064-54 . Additionally, Grayson has not demonstrated a reasonable probability that the results of the guilt or sentencing phase of the trial would have been different had DNA testing been done. Walker v. State, 863 So.2d at 12 -13 (citing Mohr v. State, 584 So.2d 426, 430 (Miss.1991)). FN3. Accordingly, Grayson cannot show prejudice. Strickland, 466 U.S. at 694 , 104 S.Ct. at 2068 . FN4. FN4. In its response, the State points out that post-conviction c”

   3 later decisions quote this exact passage
   e.g. King v. State · Grayson v. State

2. “The record in this matter is clear. Grayson was thoroughly advised by his two defense counsel, the trial court, and by independent counsel, Mr. Shepard, of the consequences of his decision. Gray-son blocked his counsels’ efforts and cannot now claim deficient performance. Dowthitt, 280 F.3d at 748; Clark, 227 F.3d at 284. See also Williams v. State, 722 So.2d 447, 450 (Miss.1998).”

   1 later decision quote this exact passage
   e.g. Grayson v. State

3. “[t]he proper measure of attorney performance remains simply reasonableness under prevailing professional norms.”

   1 later decision quote this exact passage
   e.g. 904 So. 2d 987 - Wilson v. State