United States v. Day’s Empirical Analysis
969 F.2d 39 · 1992
Citation profile
95 federal appellate · 46 district · 22 state decisions
How this case has been cited
Cited by 276 later decisions (2 by the Supreme Court) — most recently July 2024 · most notably Lafler v. Cooper (2012), Lafler v. Cooper (2012)
95 federal appellate · 46 district · 22 state decisions — followed in 13 states
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
Applies 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 851 (§ 411 of the Controlled Substances Act) · 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Haines v. Kerner · Hill v. Lockhart · Von Moltke v. Gillies · Doerr v. Doerr
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 276 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'[F]amiliarity with the structure and basic content of the Guidelines,'”
11 later decisions quote this exact passage · from the majority“[A] defendant has the right to make a reasonably informed decision whether to accept a plea offer. See Hill v. Lockhart, 474 U.S. 52 , 56-57, 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985) (voluntariness of guilty plea depends on adequacy of counsel’s advice); Von Moltke v. Gillies, 332 U.S. 708 , 721, 68 S.Ct. 316 , 92 L.Ed. 309 (1948) (“Prior to trial an accused is entitled to rely upon his counsel to make an independent examination of the facts, circumstances, pleadings and laws involved and then to offer his informed opinion as to what plea should be entered.”). Knowledge of the comparative sentence exposure between standing trial and accepting a plea offer will often be crucial to the decision whether to plead guilty. See, for example, Williams v. State, 326 Md. 367 , 605 A.2d 103 (1992) (counsel’s conduct was constitutionally deficient in failing to advise petitioner of mandatory 25-year sentence upon conviction at trial when offer to plead guilty to lesser offense involved exposure only to ten-year sentence); Commonwealth v. Napper, 254 Pa.Super. 54 , 385 A.2d 521 (1978) (counsel ineffective in giving no advice about desirability of plea offer with three-year maximum sentence when trial risked ten to forty years and defendant’s chances of acquittal were slim).”
5 later decisions quote this exact passage · from the majority““[w]hen a motion is made under 28 U.S.C. § 2255 the question of whether to order a hearing is committed to the sound discretion of the district court. In exercising that discretion the court must accept the truth of the movant’s factual allegations unless they are clearly frivolous on the basis of the existing record. Further, the court must order an evidentiary hearing to determine the facts unless the motion and files and records of the case show conelu-sively that the movant is not entitled to relief.””
3 later decisions quote this exact passage · from the majority
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.