Armstead v. Scott’s Empirical Analysis
37 F.3d 202 · 1994
Citation profile
22 federal appellate · 1 district · 4 state decisions
How this case has been cited
Cited by 62 later decisions — most recently August 2024 · most notably Copas v. Commissioner of Correction (1995), Amos v. Scott (1995)
22 federal appellate · 1 district · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Hill v. Lockhart · McMann v. Richardson · Lockhart v. Fretwell · Sumner v. Mata
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“With regard to the prejudice prong, a defendant must “affirmatively prove” prejudice. Strickland, 466 U.S. at 693 , 104 S.Ct. 2052 . A mere allegation of prejudice is not sufficient to satisfy the prejudice prong of the Strickland test. A petitioner must establish that but for his counsel’s alleged erroneous advice, he would not have pleaded guilty but would have insisted upon going to trial. Carter v. Collins, 918 F.2d 1198 , 1200 (5th Cir.1990). This assessment, in turn, will depend in part on a prediction of what the outcome of a trial might have been. Hill v. Lockhart, 474 U.S. 52 , 56-58 [ 106 S.Ct. 366 , 88 L.Ed.2d 203 ] (1985). For example, where the alleged error of counsel is a failure to investigate or discover potentially exculpatory evidence, the prejudice inquiry will depend on the likelihood that discovery of the evidence would have led counsel to change his recommendation as to the plea. That assessment, in turn, will depend in large part on a prediction of whether the evidence likely would have changed the outcome of a trial.”
2 later decisions quote this exact passage · from the majority“[u]nlike the scenario in Nethery, the trial judge in Armstead's case who made the factual finding with regard to the conflicting affidavits via the 'paper hearing' was the same judge who presided over Armstead's guilty plea. The judge had the opportunity to fully assess Armstead during his plea process and determine his credibility then.”
1 later decision quote this exact passage · from the majoritye.g. Perillo v. Johnson“[A]n analysis focussing solely on mere outcome determination, without attention to whether the result of the proceeding was fundamentally unfair or unreliable, is defective.”
1 later decision quote this exact passage · from the majoritye.g. Westley v. Johnson
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.