Padilla v. Keane’s Empirical Analysis

Citation profile

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

1. “gauge the likelihood that a particular defendant would have chosen to face trial if he had been provided more accurate information from counsel”: (1) whether the record supports a finding that the defendant pled voluntarily; (2) the specific circumstances surrounding a defendant's decision; and (3) whether a defendant has provided any new evidence to suggest that he would in fact have acted differently but for his attorney’s flawed advice. Id. at 216-17. With respect to the first factor, the district court noted the petitioner”

   1 later decision quote this exact passage · from the majority
   e.g. 481 F. Supp. 2d 521 - Keener v. Bazzle

2. “Where a defendant ... has explicitly stated in his allocution that he fully understands the consequences of his plea and that he has chosen to plead guilty after a thorough consultation with his attorney, a district court on habeas review may rely on the defendant's sworn statements and hold him to them.”

   1 later decision quote this exact passage · from the majority
   e.g. Lamarco v. United States

3. “Second Circuit has suggested that when the evidence of a defendant’s guilt is overwhelming, the burden of demonstrating prejudice ... is virtually insurmountable.” Id. The third factor also weighed against a finding of prejudice, as the district court noted”

   1 later decision quote this exact passage · from the majority
   e.g. 481 F. Supp. 2d 521 - Keener v. Bazzle