Cuero v. Cate’s Empirical Analysis
827 F.3d 879 · 2016
Citation profile
6 federal appellate ·
Appellate journey
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Anders v. California · Boykin v. Alabama · Williams v. Taylor · Santobello v. New York · Brecht v. Abrahamson
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Whenever it shall be discovered that a pending complaint to which a plea of guilty has been made under Section 859a does not charge all prior felonies of which the defendant has been convicted either in this state or elsewhere, the complaint may be forthwith amended to charge the prior conviction or convictions and the amendments may and shall be made upon order of the court."”
2 later decisions quote this exact passage · from the majoritye.g. Cuero v. Cate · Kernan v. Cuero“repeatedly emphasized [that] circuit precedent does not constitute clearly established Federal law, as determined by the Supreme Court” (internal quotation marks omitted)). 11 . The imposition of a sentence or entry of judgment has a similar effect in other states within the Ninth Circuit. See, e.g., Alaska R. Crim. P. 11(e); Haw. R. Penal P. 32(d); Idaho Crim. R. 33(c); Nev. Rev. Stat. Ann. § 176.165 ; Or. Rev. Stat. Ann. § 135.365 . 12 . In the last sentence of footnote 12, the majority states that,”
1 later decision quote this exact passage · from the majoritye.g. Cuero v. Cate“STC-NO DEALS W/ THE PEOPLE.” See Cuero v. Cate, 827 F.3d 879 , 915 (9th Cir. 2016) (O’Scannlain, J., dissenting). Based on the judge's statements at the plea hearing,”
1 later decision quote this exact passage · from the majoritye.g. Cuero v. Cate
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.