Ford v. Parratt’s Empirical Analysis

Citation profile

22 federal appellate · 1 district · 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In this Circuit, counsel fails to render effective assistance when he does not exercise the customary skills and diligence that a reasonably competent attorney would perform under similar circumstances. See Morrow v. Parratt, 574 F.2d 411 , 412 (8th Cir.1978); Benson v. United States, 552 F.2d 223 , 224 (8th Cir.1977), cert. denied, 434 U.S. 851 , 98 S.Ct. 164 , 54 L.Ed.2d 120 (1977). We evaluate a habeas corpus petition alleging ineffective assistance of counsel through a two-step analysis. First, the petitioner must establish that his attorney failed to exercise the customary skill and diligence that a reasonably competent attorney would have performed under the same set of circumstances. Second, the petitioner must show that his lawyer’s ineffectiveness prejudiced him.”

   1 later decision quote this exact passage · from the majority
   e.g. Christian v. Housewright

2. “One common thread running throughout the Brady trilogy and Tollett is that a guilty plea is not subject to attack unless it was made without reasonably effective assistance of counsel, or was otherwise involuntarily or unintelligently entered. Brady v. United States, 397 U.S. at 754-756 [ 90 S.Ct. at 1472-1473 ], McMann v. Richardson, 397 U.S. at 770-771 [ 90 S.Ct. at 1448-1449 ], Parker v. North Carolina, 397 U.S. at 797-798 [ 90 S.Ct. at 1462-1463 ]; Tollett v. Henderson, 411 U.S. at 266-268 [ 93 S.Ct. at 1607-1609 ].”

   1 later decision quote this exact passage · from the majority
   e.g. 572 F. Supp. 334 - Dufresne v. Moran

3. “Within a trial context, in order to secure habeas corpus relief, the petitioner must show that the ineffective assistance of counsel prejudiced his [or her] ability to prepare a defense. Within the context of an arraignment hearing, however, where the defendant enters a guilty plea, the issue of prejudice necessarily centers upon whether the attorney’s failure to competently investigate any material facts prejudiced the defendant’s ability to make an intelligent and voluntary plea of guilty.”

   1 later decision quote this exact passage · from the majority
   e.g. Johnson v. Mabry