Lower v. State’s Empirical Analysis
1990
Citation profile
41 state decisions
How this case has been cited
Cited by 41 later decisions — most recently February 2019 · most notably Gleason v. State (2002), Mehring v. State (1993)
41 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
Relies on Hill v. Lockhart · Smith v. Crouse · Fisher v. United States · Etchieson v. Texas · Frias v. State
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“render such assistance as would have been offered by a reasonably competent attorney”
15 later decisions quote this exact passage“[WJlhere a defendant has entered a guilty plea, he may challenge his subsequent conviction on appeal only with respect to matters which affect the voluntariness of his plea or the subject-matter jurisdiction of the trial court. When a guilty plea has been entered upon the advice of counsel, the voluntariness of that plea may depend on the extent to which that advice comports with the constitutional guarantee to the effective assistance of counsel.... _ [[Image here]] When an attorney has allegedly misad-vised his client with respect to the entry of a guilty plea, a determination must be made of whether the decision to plead and forego the defense of his case resulted in prejudice to the client, That determination involves two interrelated questions: whether, in the absence of counsel's error, the recommendation of a reasonably competent attorney concerning the plea would differ from that given; and whether, absent the error, the outcome of a trial would have been more advantageous to the client than the result of his plea.”
2 later decisions quote this exact passagee.g. Wilson v. State · Reyna v. State“[wlhen a guilty plea has been entered upon the advice of counsel, the voluntariness of that plea may depend on the extent to which that advice comports with the constitutional guarantee to the effective assistance of counsel. Hill v. Lockhart, 474 U.S. 52, 56 , 106 S.Ct. 366, 369 , 88 L.Ed.2d 203 (1985); Worthen v. Meachum, 842 F.2d 1179, 1184 (10th Cir.1988).”
1 later decision quote this exact passagee.g. Kitzke v. State
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.