Gregory v. Solem’s Empirical Analysis

Citation profile

17 federal appellate · 1 district · 3 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Henderson is easily distinguished from the facts now before us. As Justice Stevens pointed out, the facts in Henderson were ‘unique’ because the state trial judge ‘found as a fact that the element of intent was not explained to the respondent.’ ... Here, petitioner was charged from the beginning with [rape] and the state court made a specific finding of fact that the nature of the offense was fully understood by [petitioner]. The Henderson presumption that counsel explained the nature of the charge to the defendant lends strong support to that finding.”

   2 later decisions quote this exact passage · from the majority
   e.g. Moore v. Armontrout · 16 F. Supp. 2d 1066 - Roll v. Bowersox

2. “[T]he record in the instant case, when viewed in the totality of the circumstances, fairly supports the finding that petitioner understood the nature of the charges against him and that his guilty plea was accepted in compliance with both statutory and constitutional requirements.”

   1 later decision quote this exact passage · from the majority
   e.g. Gregory v. Solem

3. “[t]he standard for a valid guilty plea is whether the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Dalman