Commonwealth v. Lys’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) an available, substantial ground of defense that the defendant would have pursued if given proper advice about the plea's dire immigration consequences; (2) a reasonable probability that the defendant could have negotiated a plea bargain that did not include those dire immigration consequences; or (3) special circumstances supporting the conclusion that the defendant 'placed, or would have placed, particular emphasis on immigration consequences in deciding whether to plead guilty.'”

   1 later decision quote this exact passage
   e.g. 94 Mass. App. Ct. 1115 - Commonwealth v. Mohammed

2. “If the defendant does establish at least one of the Clarke factors, then the judge must move to the second step and evaluate whether, under the totality of the circumstances, there is a reasonable probability that a reasonable person in the defendant's circumstances would have gone to trial if given constitutionally effective advice.”

   1 later decision quote this exact passage
   e.g. COMMONWEALTH v. MURTADHA AL KENANI.

3. “If a motion judge finds that [the motion and affidavits] do present a substantial issue, then the judge must hold an evidentiary hearing.”

   1 later decision quote this exact passage
   e.g. 94 Mass. App. Ct. 1115 - Commonwealth v. Mohammed