Commonwealth v. Henry’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “that (1) he had an 'available, substantial ground of defence,' Commonwealth v. Saferian , [ 366 Mass. 89 ,] 96 [1974], that would have been pursued if he had been correctly advised of the dire immigration consequences attendant to accepting the plea bargain; (2) there is a reasonable probability that a different plea bargain (absent such consequences) could have been negotiated at the time; or (3) the presence of 'special circumstances' that support the conclusion that he placed, or would have placed, particular emphasis on immigration consequences in deciding whether to plead guilty. Hill v. Lockhart , [ 474 U.S. 52 ,] 60 [ (1985) ].”

   2 later decisions quote this exact passage
   e.g. 92 Mass. App. Ct. 1127 - Commonwealth v. Portillo · 93 Mass. App. Ct. 1120 - Commonwealth v. Mwangi

2. “[a] showing that plea counsel's advice was constitutionally deficient does not alone entitle the defendant to relief, however; the defendant must also demonstrate prejudice.”

   1 later decision quote this exact passage
   e.g. 92 Mass. App. Ct. 1127 - Commonwealth v. Portillo

3. “[t]he defendant has three avenues for satisfying this requirement.”

   1 later decision quote this exact passage
   e.g. 92 Mass. App. Ct. 1127 - Commonwealth v. Portillo