Washington v. Lampert’s Empirical Analysis

Citation profile

10 federal appellate · 2 district · 4 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[TIo prevail [under Hill ], the petitioner must show that ... 'there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial.’ ... Washington points to no evidence indicating that, had his attorneys performed differently, he would have rejected the sentencing stipulation and insisted on proceeding with the sentencing phase of trial.” (quoting Hill, 474 U.S. at 58-59 , 106 S.Ct. 366 )); Langford, 110 F.3d at 1389 (”

   1 later decision quote this exact passage · from the majority
   e.g. Moore v. Czerniak

2. “Justice dictates that a claim of ineffective assistance of counsel in connection with the negotiation of a cooperation agreement cannot be barred by the agreement itself — the very product of the alleged ineffectiveness. To hold other wise would deprive a defendant of an opportunity to assert his Sixth Amendment right to counsel where he had accepted the waiver in reliance on delinquent representation.”

   1 later decision quote this exact passage · from the majority
   e.g. Sanders v. State

3. “[W]e hold that a plea agreement waiver of postconviction rights does not waive the right to bring a [federal habeas] petition based on ineffective assistance of counsel claims challenging the validity of the plea or the waiver.”

   1 later decision quote this exact passage · from the majority
   e.g. In re Pers. Restraint of Schorr