Fulton v. Graham’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. “[T]he court must deny a motion to vacate a judgment when ... [ajlthough sufficient facts appear on the record of the proceedings underlying the judgment to have permitted, upon appeal from such judgment, adequate review of the ground or issue raised upon the motion, no such appellate review or determination occurred owing to the defendant's unjustifiable failure to ... raise such ground or issue upon an appeal actually perfected by him....”

   1 later decision quote this exact passage · from the majority
   e.g. Pierotti v. Walsh

2. “Generally, the ineffectiveness of counsel is not demonstrable on the main record .... Consequently, in the typical case it would be better, and in some cases essential, that an appellate attack on the effectiveness of counsel be bottomed on an evidentiary exploration by collateral or post-conviction proceeding brought under [Section] 440.10.”

   1 later decision quote this exact passage · from the majority
   e.g. Pierotti v. Walsh

3. “failed to discuss the pros and cons of accepting the plea offer, including the weaknesses in the defense and that the evidence of guilt was overwhelming,” despite the defendant’s interest in accepting a plea). . There is no”

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