Lafler v. Cooper’s Empirical Analysis

Citation profile

142 federal appellate · 47 district · 299 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 730 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a defendant must show that but for the ineffective advice of counsel there is a reasonable probability that the plea offer would have been presented to the court (i.e., that the defendant would have accepted the plea and the prosecution would not have withdrawn it in light of intervening circumstances), that the court would have accepted its terms, and that the conviction or sentence, or both, under the offer’s terms would have been less severe than under the judgment and sentence that in fact were imposed.”

   63 later decisions quote this exact passage · from the majority
   e.g. Titlow v. Burt · United States v. Reed

2. “In the context of pleas a defendant must show the outcome of the plea process would have been different with competent advice.”

   14 later decisions quote this exact passage · from the majority
   e.g. United States v. Aguiar · Maslonka v. Hoffner

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

   11 later decisions quote this exact passage · from the majority
   e.g. Maslonka v. Hoffner · Alvarez v. City of Brownsville