947 So. 2d 309 - Harrell v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Judicial scrutiny of counsel's performance must be highly deferential. (citation omitted) . . . A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time. Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action `might be considered sound trial strategy.' Stringer [ v. State, 454 So.2d 468 ] at 477 [1984]; Strickland [ v. Washington ], 466 U.S. [668] at 689, 104 S.Ct. [2052] at 2065[, 80 L.Ed. 2d 674 (19840)]. In short, defense counsel is presumed competent. Johnson v. State, 476 So.2d 1195, 1204 (Miss.1985); Washington v. State, 620 So.2d 966 (Miss.1993).”

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

2. “a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.”

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

3. “must demonstrate that his counsel's performance was deficient, and that the deficiency prejudiced the defense of the case.”

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