Ex Parte Lemke’s Empirical Analysis

Citation profile

3 federal appellate · 23 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In order to establish a claim for ineffective assistance of counsel, applicant must prove that (1) counsel’s representation fell below an objective standard of reasonableness; and (2) counsel’s deficient performance resulted in prejudice to the defense. Ex parte Wilson, 724 S.W.2d 72, 73 (Tex.Crim.App.1987) (applying two-part test set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984)). Failure of defense counsel to inform a criminal defendant of plea offers made by the State is an omission that falls below an objective standard of professional reasonableness. Id. at 73-74 (failure of counsel to advise defendant of plea bargain offer by government constitutes “gross deviation from accepted professional standards”); see also United States v. Blaylock, 20 F.3d 1458, 1466 (9th Cir.1994) (failure to communicate plea bargain offer constitutes unreasonable performance under prevailing professional standards); Johnson v. Duckworth, 793 F.2d 898, 902 (7th Cir.) (recognizing defense attorneys have duty to inform clients of plea agreements proffered by state and failure to do so constitutes ineffective assistance), cert. denied, 479 U.S. 937 , 107 S.Ct. 416 , 93 L.Ed.2d 367 (1986); United States ex rel. Caruso v. Zelinsky, 689 F.2d 435, 438 (3rd Cir.1982) (failure to communicate plea bargain offer is denial of 6th and 14th amendment rights); Barentine v. United States, 728 F.Supp. 1241, 1251 (W.D.N.C.) (“federal courts have been unanimous in findin”

   1 later decision quote this exact passage · from the majority
   e.g. Atkins v. State

2. “While a trial court is not obligated to accept the terms of a bargain reached by the parties, courts generally have not required that the defendant show the trial court would have accepted a plea bargain in establishing prejudice in these circumstances. The prevailing view is that a defendant is prejudiced by the missed opportunity of accepting such bargain and presenting it to the trial court for consideration in sentencing, [citations omitted]. Applicant was deprived of the opportunity of accepting the State’s twenty year plea bargain offer and presenting it to the trial court for consideration in setting applicant’s sentence. We hold applicant was prejudiced in this respect.”

   1 later decision quote this exact passage · from the majority
   e.g. Martinez v. State

3. “(1) the current claims and issues have not been and could not have been presented previously in an original application or in a previously considered application filed under this article because the factual or legal basis for the claim was unavailable on the date the applicant filed the previous application; or (2) by a preponderance of the evidence, but for a violation of the United States Constitution no rational juror could have found the applicant guilty beyond a reasonable doubt.”

   1 later decision quote this exact passage · from the majority
   e.g. Miles, Ex Parte Richard Ray Jr.