McMahon v. Hodges’s Empirical Analysis

Citation profile

6 federal appellate · 1 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. “Although federal judges are prohibited from participating in plea bargaining, see Fed.R.Crim.P. 11, this blanket prohibition does not apply to state judges. See, e.g., Miles v. Dorsey, 61 F.3d 1459, 1466 (10th Cir.1995) (stating that Rule 11 does not apply to state courts and “does not necessarily establish a constitutional prohibition” (quoting Frank v. Blackburn, 646 F.2d 873, 882 (5th Cir.1980)), ce rt. denied, 454 U.S. 840 , 102 S.Ct. 148 , 70 L.Ed.2d 123 (1981)) (collecting cases). In New York State courts, a trial judge is permitted to participate in plea negotiations with criminal defendants. People v. Fontaine, 28 N.Y.2d 592 , 268 N.E.2d 644, 644 , 319 N.Y.S.2d 847 (1971); see also People v. Signo Trading Int’l Ltd., 124 Misc.2d 275, 277 , 476 N.Y.S.2d 239, 241 (N.Y.City.1984) (“In the absence of prejudice against or prejudgment of a defendant, there is no reason for a judge [who has participated in plea discussions] to disqualify himself.”). While participating in plea negotiations, a judge is permitted to discuss the possible sentencing repercussions of a defendant’s choice to go to trial rather than plead guilty. People v. Zer, 276 A.D.2d 259, 259 , 714 N.Y.S.2d 257, 257 (1st Dep’t 2000) (“The court was not acting in a coercive manner when it reminded defendant of the scope of sentencing available in the event of a conviction at trial.”).”

   1 later decision quote this exact passage · from the dissent
   e.g. Izaguirre v. Lee

2. “An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim'— (1) resulted in a decision that - was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court procéeding.”

   1 later decision quote this exact passage · from the majority
   e.g. Lynn v. Bliden