White v. State’s Empirical Analysis
1997
Citation profile
3 federal appellate · 91 state decisions
How this case has been cited
Cited by 97 later decisions — most recently January 2021 · most notably State v. Hall (1998), State v. Brooks (1997)
3 federal appellate · 91 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Strickland v. Washington · Hill v. Lockhart · American Manufacturers Mutual Insurance v. United States · Soberon v. United States · Mills v. Maryland
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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Inherent in every criminal case is counsel’s desire to protect himself from future claims of ineffective assistance of counsel and the defendant’s desire to preserve claims of ineffective assistance of counsel in the event of conviction. It is not improper for counsel to take steps to protect his own interest if in doing so, he does not disclose confidences of his client which harm the client’s interest. There is no per se rule that prejudice will be presumed when counsel makes a record that has the effect of refuting subsequent claims of ineffective assistance of counsel.”
2 later decisions quote this exact passage · from the majoritye.g. Neal v. State · Covington v. State“The requirement that a movant directly allege facts to which the witnesses would have testified, if called, is more than a technicality. In every post-conviction case, it may truthfully be said that there are innumerable witnesses whose favorable testimony on a myriad of issues was not adduced by trial counsel.... To declare such pleading to be sufficient would permit a post-conviction litigant and lawyer to sandbag the State and the motion court with numerous unsubstantiated claims of deficient performance of trial counsel in failing to “adduce” testimony from witnesses. The State would then be put to the task of having to investigate what the witnesses would say, and the court would be required to hold a hearing, even though there may not be a scintilla of evidence that the witnesses were available to testify and that they would, in fact, testify favorably to the movant.... To hold such allegations sufficient would turn the pleadings process into clever gamesmanship.”
1 later decision quote this exact passage · from the majoritye.g. Broussard v. State“[He] required and compelled movant to take the witness stand ... to condone, verify and/or sanction trial counsels [sic] trial strategy, i.e., what witnesses to call, what questions to ask and what evidence [sic] to marshall [sic] in general. This improper conduct of counsel impermissi-bly [sic] invaded the provence [sic] of the attorney cliant [sic] relationship and exposed movant to cross-examination by the state.”
1 later decision quote this exact passage · from the majoritye.g. Neal v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.