Ladson v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Q (BY [Postconviction Counsel]) But do you recall today as we sit here whether he sat down with a Scoresheet or some replication thereof and advised him of the possibilities of the sentence? A (BY [Former Counsel]) I think he was, he was always aware that there’s at least a three year mandatory sentence. After, when I told him after we were going to set. Well, first of all, I believe there was, my recollection was there was an offer for five years state prison on the possession of a firearm by a convicted felon. He indicated to me, “How can they do that because I was acquitted of the possession, of the theft of a firearm?” And I explained to him there was a difference between possessing it and stealing. At that point he indicated he wanted to go to trial. I indicated there was a three year mandatory, and of course, the judge can give you up to 15 years on it. [[Image here]] Q Yes, sir. Now, briefly with regard to the Scoresheet. Was your testimony a moment ago that without a Scoresheet you knew that he was facing a minimum of three years, if convicted, and a max of 15, correct. A Right. Q But wouldn’t you agree that it is a very different thing if, upon looking at a Scoresheet you realize that the point total is going to push somebody up to seven or eight years versus a three year minimum mandatory? That might be, make a big difference in the decision the client makes whether they enter a plea or to go to trial? A My recollection is he had an offer of five years. And in that ”

   1 later decision quote this exact passage · from the concurrence
   e.g. Simmons v. State