Osborne v. Commonwealth’s Empirical Analysis

Citation profile

3 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. “Remedies for ineffective assistance of counsel “ ‘should be tailored to the injury suffered from the constitutional violation and should not unnecessarily infringe on competing interests.’ ” Turner v. Tennessee, 858 F.2d 1201, 1207 (6th Cir.1988), cert. denied, 502 U.S. 1050 , 112 S.Ct. 915 , 116 L.Ed.2d 815 (1992) (quoting United States v. Morrison, 449 U.S. 361, 364 , 101 S.Ct. 665 , 66 L.Ed.2d 564 (1981)) ... “Indeed, the only way to neutralize the constitutional deprivation suffered by [a defendant] would seem to be to provide [the defendant] with an opportunity to consider the [Commonwealth’s initial] plea offer with the effective assistance of counsel.” Turner, 858 F.2d at 1208 . The United States Supreme Court has expressed that specific performance of a plea agreement is an allowable remedy where one has been denied constitutionally-guaranteed effective assistance of counsel. Id. (Citations omitted). On the other hand, specific performance is not warranted where it might unnecessarily infringe on the state’s competing interests. Id. at 1208-09 . In some circumstances, the state may withdraw its original plea proposal, yet, in order to effectively do so the state must show the “withdrawal is free of a reasonable apprehension of vindictiveness.” Id. at 1208 . (Citation omitted). It has been clearly established that when a criminal defendant successfully achieves relief, either through a direct or collateral attack to the conviction, he “may not be subjected to greater p”

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

2. “The burden of proof [is] upon the appellant to show that he was not adequately represented by appointed counsel.’ Jordan v. Commonwealth, Ky., 445 S.W.2d 878, 879 (1969). In order to establish counsel’s assistance was so prejudicially ineffective as to require reversal, the appellant needs to satisfy a two-part test: (1) “ ‘that counsel’s representation fell below an objective standard of reasonableness ... [and, (2) ] there is a reasonable probability that, but for counsel’s unprofessional errors, the results of the proceeding would have been different.’” Hill v. Lockhart, 474 U.S. 52, 57 , 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985) (quoting Strickland v. Washington, 466 U.S. 668, 687-88, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984)). Accord Gall v. Commonwealth, Ky., 702 S.W.2d 37 (1985), cert. denied, 478 U.S. 1010 , 106 S.Ct. 3311 , 92 L.Ed.2d 724 (1986).”

   1 later decision quote this exact passage
   e.g. Logan v. Commonwealth