Freeman v. Class’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 1 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, the defendant must show that counsel’s performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as “counsel” guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.”

   1 later decision quote this exact passage · from the majority
   e.g. 962 F. Supp. 1556 - Olesen v. Class

2. “[f]ailure ... was highly prejudicial to the petitioner to the extent that the fundamental fairness of the proceeding and the conviction was undermined[,]”

   1 later decision quote this exact passage · from the majority
   e.g. Freeman v. Class

3. “[f]ailure to give a cautionary instruction in all probability produced some effect upon the jury verdict.”

   1 later decision quote this exact passage · from the majority
   e.g. Freeman v. Class