Hodge v. Haeberlin’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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A defendant who wants to testify can reject defense counsel’s advice to the contrary by insisting on testifying, communicating with the trial court, or discharging counsel. At base, a defendant must alert the trial court that he desires to testify or that there is a disagreement with defense counsel regarding whether he should take the stand. When a defendant does not alert the trial court of a disagreement, waiver of the right to testify may be inferred from the defendant’s conduct. Waiver is presumed from the defendant’s failure to testify or notify the trial court of the desire.””

   2 later decisions quote this exact passage · from the majority
   e.g. 744 F. Supp. 2d 697 - Freeman v. Trombley · 940 F. Supp. 2d 614 - Dixon v. Warden, Southern Ohio Correctional Facility

2. “[A]lthough the ultimate decision whether to testify rests with the defendant, when a tactical decision is made not to have the defendant testify, the defendant’s assent is presumed.”

   1 later decision quote this exact passage · from the majority
   e.g. 940 F. Supp. 2d 614 - Dixon v. Warden, Southern Ohio Correctional Facility

3. “in determining whether to give preclusive effect to a procedural default, this court must consider whether the petitioner actually failed to comply with a state procedural rule”

   1 later decision quote this exact passage · from the majority
   e.g. Bickham v. Winn