101 F. Supp. 2d 1189 - Wanatee v. Ault’s Empirical Analysis

Citation profile

1 district · 2 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. Judgment shall enter in favor of the petitioner in these proceedings pursuant to 28 U.S.C. § 2254 on petitioner’s claim of ineffective assistance of counsel in the course of plea negotiations. Judgment shall enter in favor of the respondent on all other claims. 2. Within sixty (60) days of the date of this order, or within such additional time as this or a reviewing court may subsequently grant, upon a showing of good cause, the petitioner’s previous conviction for first-degree murder shall be set aside, the petitioner shall be allowed to plead guilty to second-degree murder in the death of Kelton Decora, and he shall be re-sentenced accordingly, or a writ of habeas cor pus shall issue requiring the release of petitioner Elias Wanatee from the custody of the respondent on the ground that such continued custody is in violation of the Constitution and laws of the United States.”

   1 later decision quote this exact passage · from the dissent
   e.g. 120 F. Supp. 2d 784 - Wanatee v. Ault

2. “We recognize that the district court purported to apply an “objective” standard in analyzing whether Wanatee would have accepted the plea offer had he been properly advised. Although we think that the inquiry into what Wanatee would have done under different circumstances is necessarily subjective, we believe it is clear from the district court’s opinion that the court actually applied a subjective analysis.”

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