Varela v. Kaiser’s Empirical Analysis
976 F.2d 1357 · 1992
Citation profile
12 federal appellate · 4 district · 19 state decisions
How this case has been cited
Cited by 48 later decisions — most recently January 2016 · most notably Romero v. Tansy (1995), United States v. Banda (1993)
12 federal appellate · 4 district · 19 state decisions — followed in 14 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 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Hill v. Lockhart · McMann v. Richardson · Sisson v. Ruby · United States v. Campbell · United States v. Yearwood
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““While the Sixth Amendment assures an accused of effective assistance of counsel in ‘criminal prosecutions,’ this assurance does not extend to collateral aspects of the prosecution.” ... The circuits that have addressed the issue of failure of counsel to inform an accused of the likely deportation consequences arising out of a guilty plea have all held that deportation is a collateral consequence of the criminal proceeding and therefore the failure to advise does not amount to ineffective assistance of counsel.”
5 later decisions quote this exact passage · from the majoritye.g. Miller v. State · Miller v. State“Collateral consequences of a guilty plea are many. They may include the loss of civil service employment, of the right to vote and to travel freely abroad, of the right to a driver’s license, and of the right to possess firearms. But we have long held that a defendant’s incomplete awareness of collateral consequences of a guilty plea does not render that plea involuntary.... Deportation is a harsh collateral consequence, but many other collateral consequences are also harsh. In common with the Eleventh Circuit “we do not find deportation so unique as to warrant an exception to the general rule that a defendant need not be advised of the [collateral] consequences of a guilty plea.””
1 later decision quote this exact passage · from the majority“Actual knowledge of the consequences that are collateral to the guilty plea is not a prerequisite to the entry of a knowing and intelligent plea.”
1 later decision 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.