Grant Cooper v. William C. Holman, Warden’s Empirical Analysis

Citation profile

68 federal appellate · 1 district · 16 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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * It is settled by a host of authorities that a judgment on a plea of guilty which has been entered ■ voluntarily on advice of counsel is not rendered invalid because the defendant had previously made a confession under circumstances which might have rendered it inadmissible in evidence if the defendant had pleaded not guilty and had gone to trial. This is so because the plea, if voluntarily and understandingly made, is conclusive as to the defendant’s guilt, admitting all the facts charged and waiving all non-jurisdictional defects in the prior proceedings against him. The judgment and sentence which follow a plea of guilty are based solely upon the plea and not upon any evidence which may have been acquired improperly by the prosecutor. Accordingly, a confession in the possession of the prosecutor which has been illegally obtained cannot be made the basis for collateral attack upon a judgment of conviction entered upon a plea of guilty voluntarily and understandably made.””

   7 later decisions quote this exact passage · from the majority
   e.g. Williams v. State · Krappatsch v. State

2. ““No competent lawyer, discussing a possible guilty plea with a client, could fail to canvass these possible alternatives with him. * * * At the same time, the lawyer is bound to advise his client fully as to his rights, as to the alternatives available to him, and of the fact that neither the lawyer nor the prosecutor nor anyone else can bargain for the court. There is nothing wrong, however, with a lawyer’s giving his client the benefit of his judgment as to what the court is likely to do, always making it clear that he is giving advice, not making a promise. “The important thing is * * * that the plea shall be a genuine one, by a defendant who is guilty; one who understands his situation, his rights, and the consequences of the plea, and is neither deceived nor coerced.””

   4 later decisions quote this exact passage · from the majority
   e.g. Palmer v. State · United States ex rel. Mullen v. Henderson

3. “The crucial issue appears to be whether, with all of the facts before him, including the advice of competent counsel, the plea was truly voluntary. The Supreme Court lays down no other test. The fact findings of the trial court as to the voluntariness should be reviewed on this issue on the clearly erroneous test.”

   1 later decision quote this exact passage · from the majority
   e.g. Brown v. Beto