Smith v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he Court in Webb left unanswered the question of the expansion of Padilla beyond the deportation context in Missouri. The instant case involves a mere failure to inform rather than the affirmative misinformation that was at issue in Padilla and Webb . Moreover, the Missouri Supreme Court in its consideration of Padilla in Webb did not overturn existing case law holding that eligibility for parole, like other matters relating to parole, is a collateral matter, which does not affect the voluntariness of the plea. As a result, we are still bound to apply that precedent.”

   2 later decisions quote this exact passage
   e.g. Johnson v. State · Larry E. Johnson v. State of Missouri

2. “where counsel misinforms the client as to the effects of the client's plea, the counsel has rendered ineffective representation.” Id. at 127. The Webb court, therefore, found that the defendant was entitled to an evidentiary hearing to establish whether he was prejudiced by his plea counsel’s erroneous advice. Id. at 131. In recognizing a distinction between the failure to inform a defendant about the consequences of a plea and misinforming a defendant about the consequences of a plea,”

   1 later decision quote this exact passage
   e.g. Larry E. Johnson v. State of Missouri

3. “[P]arole eligibility is considered to be a 'collateral consequence' of a plea, about which counsel has no obligation to inform the defendant.”

   1 later decision quote this exact passage
   e.g. Larry E. Johnson v. State of Missouri