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← 419 SO2D 796 - Castro v. State

Castro v. State’s Empirical Analysis

1982

Citation profile

8
cited by 8 later decisions
1
states following
April 2018
most recently cited

6 state decisions

How this case has been cited

Cited by 8 later decisions — most recently April 2018

6 state decisions

401982199020002010decided

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

Relies on Brady v. United States · Leary v. United States · Von Moltke v. Gillies · Ryan v. United States · Knight v. State

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

  1. “First, there is no dispute that the specific omission upon which the ineffectiveness claim is based was appropriately pleaded. Second, we have little doubt that counsel’s failure to advise Castro that the proposed plea of guilty to avoid an enhanced or consecutive sentence was based on counsel’s uninformed (and ultimately incorrect) assumption about the validity of the prior convictions and that such a failure was “a substantial and serious deficiency measurably below that of competent counsel.”- ... Surely, a bargain for a maximum sentence to run concurrently with convictions that may very well be set aside is hardly a bargain. [[Image here]] The third inquiry under Knight v. State, supra, is whether the deficiency in counsel’s conduct is “substantial enough to demonstrate a prejudice to the defendant to the extent that there is a likelihood that the deficient conduct affected the outcome of the court proceedings.” We think the prejudice which results from a plea of guilty based on the erroneous advice of counsel, unlike the prejudice which results from counsel’s conduct at trial, is self-evident.”
    1 later decision quote this exact passage
  2. “is not subject to later attack because the defendant's lawyer correctly advised him with respect to the then existing law as to possible penalties but later pronouncements of the courts, as in this case, hold that the maximum penalty for the crime in question was less than was reasonably assumed at the time the plea was entered.”
    1 later decision quote this exact passage
  3. “failure to fully advise [Larson] of those consequences was 'a substantial and serious deficiency measurably below that of competent counsel.'”
    1 later decision quote this exact passage

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.