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← 765 F.2d 1534 - Downs-Morgan v. United States

Downs-Morgan v. United States’s Empirical Analysis

765 F.2d 1534 · 1985

Citation profile

98
cited by 98 later decisions
2
cited 2 times by the Supreme Court
22
states following
August 2023
most recently cited

31 federal appellate · 5 district · 25 state decisions

How this case has been cited

Cited by 98 later decisions (2 by the Supreme Court) — most recently August 2023 · most notably 133 S. Ct. 1103 - Chaidez v. United States (2013), 25 Cal. 4th 230 - In Re Resendiz (2001)

31 federal appellate · 5 district · 25 state decisions — followed in 22 states

32019851990200020102020decided

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 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 952 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996) · 8 U.S.C. § 1182 (§ 212 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1251 (§ 241 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1253 (§ 243 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Strickland v. Washington · North Carolina v. Alford · Brady v. United States · Cuyler v. Sullivan · Bonner v. City of Prichard

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

  1. “'accused who has not received reasonably effective assistance from counsel in deciding to plead guilty cannot be bound by his plea' because a plea of guilty is 'valid only if made intelligently and voluntarily.'”
    2 later decisions quote this exact passage · from the majority
  2. “A number of courts have held that the trial judge’s failure to inform the defendant of the immigration consequences of his guilty plea does not render the plea constitutionally deficient____ This rule, however, does not necessarily dispose of the issue whether counsel’s failure to apprise or misrepresentation to the defendant as to the possibility of deportation and exclusion can render the plea constitutionally inadequate because of counsel’s ineffective assistance.”
    1 later decision quote this exact passage · from the majority
  3. “A defendant's statement at the time of his Rule 11 hearing that his guilty plea is intelligent and voluntary is not dispositive, although it gives rise to a presumption that the plea is constitutionally adequate. ... Any presumptions arising from these statements ... are overcome because [the defendant] had no way of knowing at the time of the hearing that his lawyer had incorrectly informed him....”
    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.