Zapata v. Commonwealth’s Empirical Analysis

Citation profile

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

1. “among other things, that his counsel deceived him when she informed him he could withdraw his plea any time before sentencing with 'no problem' and that his plea was not voluntarily entered.”

   2 later decisions quote this exact passage · from the majority
   e.g. Dorsey v. Commonwealth · Marks v. Commonwealth

2. ““The decision to seek to withdraw a guilty plea is not merely trial strategy, and cannot be made by counsel. If a defendant has entered a guilty plea and, before entry of final judgment, desires to seek to withdraw that plea, whether because it was allegedly entered in error, under duress, or other reason, he is entitled to the assistance of counsel in making such a request.” Tigue, 459 S.W.3d at 386 . We made it clear in Ti-gue that “counsel’s refusal to assist a client, at least in some circumstances, has the same effect — a complete denial of counsel — as counsel’s physical absence or being prevented from assisting.” Id. at 385 . “To stand silent and refuse to act on a decision that is personal to the defendant is no different than not being present at all. It is a complete denial of counsel.” Id. at 386 .”

   1 later decision quote this exact passage · from the majority
   e.g. Sturgill v. Commonwealth

3. “before the trial court is required to hold an evidentiary hearing on the motion to withdraw plea). Due process of law does not mandate a hearing before denying each and every motion to withdraw plea. ¶8 The present case is instructive. Petitioner's motion to withdraw plea, filed through plea counsel, alleged without detail that”

   1 later decision quote this exact passage · from the majority
   e.g. ANDERSON v. STATE