Cunningham v. Zant’s Empirical Analysis

Citation profile

48 federal appellate · 2 district · 21 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 120 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Trial counsel did not recall that the Central State Hospital personnel had diagnosed Cunningham to be mildly mentally retarded. Accordingly, their decision not to present such evidence cannot be deemed tactical.” (Cunningham, 928 F.2d at 1018 .)”

   2 later decisions quote this exact passage · from the majority
   e.g. 148 Ill. 2d 168 - People v. Perez · Williams v. Head

2. “[I]t’s offensive to me to sit here and I don’t say this for any personal reason, but to be in this courtroom having asked for recesses to get my body in shape to try a case for several days, when a man sits up here and tries to mislead you first of all, into believing he’s not guilty. That’s offensive, to me. That’s trifling with the processes of this court. I personally dislike that, and I don’t mind publicly saying it, and I will say it next time I feel it. This system we have is too precious. It took too many lives to bring it here, to let somebody come in here and take his chances on killing a man, robbing a man, trying to escape and then beg and ask the jury, not him himself, but through cross-examination and casting reflections and dispersions on witnesses.... The case here, Ladies and Gentlemen of the Jury, is, “Find me guilty first, and then I’ll take the stand and beg you to save my life.” He’s had a trial of people in Lincoln County, . . . he’s had the right to have witnesses face. He’s had the right to cross-examination. He’s had the right to have His Honor charge the jury correctly. He’s had every right afforded a human being, although sometimes I wonder if they’re really entitled to it.”

   1 later decision quote this exact passage · from the majority
   e.g. 118 N.C. App. 33 - State v. Thompson

3. “In order to determine what evidence might be appropriate, defense counsel has the duty to conduct a reasonable investigation. The failure to conduct any investigation of a defendant’s background may fall outside the scope of reasonable professional assistance. After a sufficient investigation, however, counsel may make a reasonable strategic judgment to present less than all possible available evidence in mitigation.”

   1 later decision quote this exact passage · from the majority
   e.g. 794 F. Supp. 1106 - Roberts v. Singletary