Hitchcock v. Wainwright’s Empirical Analysis
770 F.2d 1514 · 1985
Citation profile
30 federal appellate · 10 state decisions
How this case has been cited
Cited by 60 later decisions (1 by the Supreme Court) — most recently March 2014 · most notably Hitchcock v. Dugger (1987), William Duane Elledge v. Richard L. Dugger (1987)
30 federal appellate · 10 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 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 46
Relies on Strickland v. Washington · North Carolina v. Pearce · Brady v. United States · Furman v. Georgia · Lockett v. Ohio
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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“consider everything together ... the whole picture, the whole ball of wax,”
3 later decisions quote this exact passage · from the dissent“"Moreover, by pleading guilty a defendant confers a substantial benefit to the objectives of the criminal justice system: "the more promptly imposed punishment after an admission of guilt may more effectively attain the objectives of punishment; and with the avoidance of trial, scarce judicial and prosecutorial resources are conserved for those cases in which there is a substantial issue of the defendant's guilt or in which there is substantial doubt that the State can sustain its burden of proof. " Brady v. United States , 397 U.S. at 752 [ 90 S.Ct. at 1471 ]. . . . The state is entitled to extend a sentence of less than that which might otherwise be appropriate to a defendant that confers such a benefit on it. 397 U.S. at 753 [ 90 S.Ct. at 1471 ]. . . . The heart of a plea bargain, from a defendant's point of view, is the option of avoiding a possibly harsher sentence after conviction at trial."”
1 later decision quote this exact passage · from the dissent“"In the 'give-and-take' of plea bargaining, the state may extend leniency to a defendant who pleads guilty foregoing his right to jury trial. Brady v. United States , 397 U.S. 742 , 753 [ 90 S.Ct. 1463 , 1471 , 25 L.Ed.2d 747 ], . . . (1970). Legislative schemes which extend the possibility of leniency to defendants who plead guilty are permissible so long as the statute does not unnecessarily burden the assertion of constitutional rights or act to coerce inaccurate guilty pleas. . . . A judge, as much as the prosecutor and the legislature, should not be precluded from approving leniency in sentencing upon an admission of guilt. Cf. Corbitt , 439 U.S. [212,] 224 n. 14 [ 99 S.Ct. 492 , 500 , 58 L.Ed.2d 466 ] . . . (cannot permit prosecutor to offer leniency but not legislature).”
1 later decision quote this exact passage · from the dissent
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.