United States v. Smith’s Empirical Analysis

Citation profile

9 federal appellate · 2 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[d]ifferent attorneys will pursue different strategies. And the choice of attorney will affect whether and on what terms the defendant cooperates with the prosecution, plea bargains, or decides instead to go to trial. In light of these myriad aspects of representation, the erroneous denial of counsel bears directly on the framework within which the trial proceeds, or indeed on whether it proceeds at all.... Many counseled decisions, including those involving plea bargains and cooperation with the government, do not even concern the conduct of the trial at all.”

   1 later decision quote this exact passage · from the majority
   e.g. 973 F. Supp. 2d 740 - Aceval v. MacLaren

2. “brings into question the voluntary and intelligent character of the guilty plea itself.”

   1 later decision quote this exact passage · from the majority
   e.g. Jackson v. Bartow