61 Md. App. 486 - Daley v. State’s Empirical Analysis
1985
Citation profile
4 federal appellate · 30 state decisions
How this case has been cited
Cited by 34 later decisions — most recently September 2013 · most notably Downs-Morgan v. United States (1985), United States v. Rosario (1990)
4 federal appellate · 30 state decisions
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
Applies 8 U.S.C. § 1251 (§ 241 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1254 (§ 244 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Idaho Sheet Metal Works, Inc. v. Wirtz · Anderson v. McKay · Cuthrell v. Director, Patuxent Institution · United States v. Parking · United States v. Cariola
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Applying the Cuthrell [v. Director, Patuxent Institution, 475 F.2d 1364 (4th Cir.1973) ] criteria to the present case, it is abundantly clear that Petitioner’s possible deportation is merely collateral to his guilty plea. First, the consequence of deportation arises from a separate civil proceeding. Whereas Petitioner’s guilty plea was entered in state criminal court, deportation is adjudicated in federal civil court.”
3 later decisions quote this exact passage · from the majoritye.g. Miller v. State · Miller v. State““(e) Collateral Consequences of a Plea of Guilty or Nolo Contendere. Before the court accepts a plea of guilty or nolo contendere, the court, the State’s Attorney, the attorney for the defendant, or any combination thereof shall advise the defendant (1) that by entering the plea, if the defendant is not a United States citizen, the defendant may face additional consequences of deportation, detention, or ineligibility for citizenship and (2) that the defendant should consult with defense counsel if the defendant is represented and needs additional information concerning the potential consequences of the plea. The omission of advice concerning the collateral consequences of a plea does not itself mandate that the plea be declared invalid.””
1 later decision quote this exact passage · from the majority“Courts in other states distinguish between direct and collateral consequences, requiring courts to inform defendants of the former, but not of the latter. Whether this distinction applies in Maryland has not been found in any reported Maryland appellate decision, though cases have held that courts have no duty to inform defendants of such consequences as the possibility of reference to Patuxent Institution or the nature of a suspended sentence on probation.”
1 later decision quote this exact passage · from the majority
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.