green
Positive treatment
Quoted verbatim 3×
12.4 score
G Cite
cited 2× by 1 distinct case, last quoted 2011 ·
…e do not believe that turner was required to demonstrate a reasonable probability that the trial court would have approved the two-year plea arrangement.
⚠ not in text
cited 2× by 1 distinct case, last quoted 2001 ·
…we do not believe that turner was required to demonstrate a reasonable probability that the trial court would have approved the two-year plea arrangement
⚠ not in text
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989
2007
2026
Top citers, strongest first. 27 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Arnold v. Thaler
(2×)
e do not believe that turner was required to demonstrate a reasonable probability that the trial court would have approved the two-year plea arrangement.
examined
Cited as authority (quoted)
Riggs v. Fairman
(2×)
we do not believe that turner was required to demonstrate a reasonable probability that the trial court would have approved the two-year plea arrangement
discussed
Cited as authority (quoted)
United States v. Carlos Rodriguez Rodriguez
we think it unfair and unwise to require litigants to speculate as to how a particular judge would have acted under particular circumstances
examined
Cited "see"
Williams v. Jones
(4×)
See Turner v. Tennessee, 858 F.2d 1201, 1206 (6th Cir.1988) (finding prejudice), vacated on other grounds, 492 U.S. 902 , 109 S.Ct. 3208 , 106 L.Ed.2d 559 (1989), reaffirmed on remand, 940 F.2d 1000 (6th Cir. 1991). [8] The majority claims I agree with it that the "OCCA's remedy is insufficient for the federal constitutional violation it found." Maj.
discussed
Cited "see"
Riggs v. Fairman
See Turner v. Tenes- see, 940 F.2d 1000, 1001-02 (6th Cir. 1991), vacated on other grounds, 492 U.S. 902 (1989), reinstated in pertinent part, 940 F.2d 1000 (6th Cir. 1991) (where a defendant’s conviction was overturned on a habeas peti- tion for ineffective assistance of counsel in advising the defendant to reject a two-year plea bargain, the prosecution would be presumed to have acted with vindictiveness if it failed to reinstate the original offer on remand).
discussed
Cited "see"
Michael Wayne Riggs v. J.W. Fairman, Jr., Warden
(2×)
See Turner v. Tennessee, 940 F.2d 1000, 1001-02 (6th Cir.1991), vacated on other grounds, 492 U.S. 902 , 109 S.Ct. 3208 , 106 L.Ed.2d 559 (1989), reinstated in pertinent part, 940 F.2d 1000 (6th Cir.1991) (where a defendant’s conviction was overturned on a habeas petition for ineffective assistance of counsel in advising the defendant to reject a two-year plea bargain, the prosecution would be presumed to have acted with vindictiveness if it failed to reinstate the original offer on remand). .
discussed
Cited "see"
Phillip Griffin v. United States
(2×)
See Turner v. State, 858 F.2d 1201, 1205 (6th Cir.1988) (agreeing with the district court that “an incompetently counseled de-cisión to go to trial appears to fall within the range of protection appropriately provided by the Sixth Amendment”), vacated on other grounds, 492 U.S. 902 , 109 S.Ct. 3208 , 106 L.Ed.2d 559 (1989), reinstated, 726 F.Supp. 1113 (M.D.Tenn.1989), aff'd, 940 F.2d 1000 (6th Cir.1991). 2 The second element of the Strickland test in the plea offer context is that there is a reasonable probability the petitioner would have pleaded guilty given competent advice.
discussed
Cited "see"
State v. Williams
(2×)
See Turner v. Tennessee, 858 F.2d 1201, 1206 (6th Cir.1988), vacated on other grounds, 492 U.S. 902 , 109 S.Ct. 3208 , 106 L.Ed.2d 559 (1989); People v. Curry, 178 Ill.2d 509 , 227 Ill.Dec. 395 , 687 N.E.2d 877, 888 (1997); In re Alvernaz, 2 Cal.4th 924 , 8 Cal.Rptr.2d 713 , 830 P.2d 747, 756 (1992).
discussed
Cited "see"
Dedvukovic v. Martin
(2×)
See Turner v. Tennessee, 858 F.2d 1201, 1205 (6th Cir.1988), vacated on other grounds, 492 U.S. 902 , 109 S.Ct. 3208 , 106 L.Ed.2d 559 (1989), reinstated on other grounds, 940 F.2d 1000 (6th Cir.1991).
discussed
Cited "see"
Cosgrove v. Board of Education of the Niskayuna Central School District
See Burr v. Ambach, 863 F.2d 1071, 1078-79 (2d Cir.1988), vacated sub nom., Sobol v. Burr, 492 U.S. 902 , 109 S.Ct. 3209 , 106 L.Ed.2d 560 (1989), reaff'd, Burr v. Sobol, 888 F.2d 258 (2d Cir.1989), cert. denied, 494 U.S. 1005 , 110 S.Ct. 1298 , 108 L.Ed.2d 475 (1990) (child has no right to demand public education beyond age twenty-one); Board of Educ., Oak Park & River Forest H.S., Dist. 200 v. Illinois State Bd. of Educ., 79 F.3d 654 , 656 (7th Cir.1996) (“the Act entitles disabled individuals to special education assistance only until they reach the age of 21”); Parents of Student W. v.…
examined
Cited "see"
Patterson v. LeMaster
(4×)
See Turner v. Tennessee, 858 F.2d 1201, 1206 (6th Cir.1988), vacated on other grounds, 492 U.S. 902 , 109 S.Ct. 3208 , 106 L.Ed.2d 559 (1989); Johnson v. Duckworth, 793 F.2d 898 , 902 n. 3 (7th Cir.1986); Lloyd v. State, 258 Ga. 645 , 373 S.E.2d 1, 3 (1988); Williams v. State, 326 Md. 367 , 605 A.2d 103, 109-10 (1992); see generally 3 Wayne R.
discussed
Cited "see"
United States v. Moody
See accused by the prosecution at pretrial proceedings where the Turner v. Tennessee, 858 F.2d 1201, 1205 (1988), vacated on results might well settle the accused’s fate and reduce the trial other grounds, 492 U.S. 902 (1989).
examined
Cited "see"
United States v. Mark Moody
(3×)
See Turner v. Tennessee, 858 F.2d 1201, 1205 (1988), vacated on other grounds, 492 U.S. 902 , 109 S.Ct. 3208 , 106 L.Ed.2d 559 (1989).
cited
Cited "see"
Nelda Enriquez v. United States
See Turner v. Tennessee, 858 F.2d 1201, 1205 (6th Cir.1988), cert. granted and judgment vacated on other grounds, 492 U.S. 902 (1989).
discussed
Cited "see"
Sterling v. Southeastern Pennsylvania Transportation Authority
See Transport Workers’ Union, Local 234 v. SEPTA, 678 F.Supp. 543 (E.D.Pa.), aff’d, 863 F.2d 1110 (3d Cir.1988), vacated and remanded, 492 U.S. 902 , 109 S.Ct. 3208 , 106 L.Ed.2d 560 aff’d in relevant part, 884 F.2d 709 (3d Cir.1989). 2 .
discussed
Cited "see"
Jerry M. Bagnoli v. United States
United States v. Blaylock, 20 F.3d 1458, 1465 (9th Cir.1994); see generally Turner v. Tennessee, 858 F.2d 1201, 1205 (6th Cir.1988) (incompetent advice to reject a plea offer can constitute a Sixth Amendment deprivation), vacated on other grounds, 492 U.S. 902 (1989).
discussed
Cited "see"
Tyrone Tanks v. United States
United States v. Blaylock, 20 F.3d 1458, 1465 (9th Cir. 1994); see generally Turner v. Tennessee, 858 F.2d 1201, 1205 (6th Cir. 1988), vacated on other grounds, 492 U.S. 902 (1989) (incompetent advice to reject a plea offer can constitute a Sixth Amendment deprivation).
discussed
Cited "see"
Williams v. State
(2×)
See Turner v. State of Tennessee, 858 F.2d 1201, 1205 (6th Cir.1988), vacated on other grounds, 492 U.S. 902 , 109 S.Ct. 3208 , 106 L.Ed.2d 559 (1989) (erroneous advice to defendant to reject plea offer); Beckham v. Wainwright, 639 F.2d 262, 265-66 (5th Cir.1981) (counsel’s failure to be aware of, and advise client as to, the consequences of withdrawing a guilty plea and proceeding to trial); Lewandowski v. Makel, 754 F.Supp. 1142, 1147 (W.D.Mich.1990) (“[CJounsel’s failure to inform client of significant aspects of the law regarding the risk of an appeal____”); People v. Pollard, 231 …
discussed
Cited "see, e.g."
Bucio v. Sutherland
(2×)
See, e.g., Turner v. Tennessee, 858 F.2d 1201, 1205 (6th Cir.1988) (and cases cited therein), vacated on other grounds, 492 U.S. 902 , 109 S.Ct. 3208 , 106 L.Ed.2d 559 (1989), reinstated, 726 F.Supp. 1113 (M.D.Tenn.1989), aff'd, 940 F.2d 1000 (6th Cir.1991), cert. denied, 502 U.S. 1050 , 112 S.Ct. 915 , 116 L.Ed.2d 815 (1992); see also Griffin v. United States, 330 F.3d 733 , 737 & n. 2 (6th Cir.2003) (and numerous cases *935 cited therein) (involving claim that counsel failed to inform the defendant of a plea offer); Smith v. United States, 348 F.3d 545, 552-53 (6th Cir.2003). “[A] defense …
discussed
Cited "see, e.g."
Cottle v. State
(2×)
Id., 227 Ill.Dec. 395 , 687 N.E.2d at 889 ; see, e.g., Turner v. Tennessee, 858 F.2d 1201, 1207 (6th Cir.1988), vacated on other grounds, 492 U.S. 902 , 109 S.Ct. 3208 , 106 L.Ed.2d 559 (1989); Caruso, 689 F.2d at 438 n. 2; Williams v. State, 326 Md. 367 , 605 A.2d 103, 110 (1992); Commonwealth v. Napper, 254 Pa.Super. 54 , 385 A.2d 521, 524 (1978); Judge v. State, 321 S.C. 554 , 471 S.E.2d 146, 148-49 (1996).
discussed
Cited "see, e.g."
D.B. v. Ocean Township Board of Education
See, e.g., Burr v. Ambach, 863 F.2d 1071, 1077 (2d Cir.1988) (holding in accord with the weight of authority that employees of the state educational agency, including the Commissioner, may not conduct the due process review at the state level), vacated, 492 U.S. 902 , 109 S.Ct. 3209 , 106 L.Ed.2d 560 , reaff'd, Burr v. Sobol, 888 F.2d 258 (2d Cir.1989), cert. denied, 494 U.S. 1005 , 110 S.Ct. 1298 , 108 L.Ed.2d 475 (1990).
discussed
Cited "see, e.g."
People v. Curry
(2×)
See, e.g. , Turner v. Tennessee , 858 F.2d 1201, 1207 (6th Cir. 1988), vacated on other grounds , 492 U.S. 902 , 106 L.
discussed
Cited "see, e.g."
People v. Curry
(2×)
See, e.g., Turner v. Tennessee, 858 F.2d 1201, 1207 (6th Cir. 1988), vacated on other grounds, 492 U.S. 902 , 106 L.
discussed
Cited "see, e.g."
Young v. State
(2×)
See also Turner v. Tennessee, 858 F.2d 1201 (6th Cir.1988), vacated on other grounds, 492 U.S. 902 , 109 S.Ct. 3208 , 106 L.Ed.2d 559 (1989); Johnson v. Duckworth, 793 F.2d 898 (7th Cir.), cert. denied, 479 U.S. 937 , 107 S.Ct. 416 , 93 L.Ed.2d 367 (1986); United States ex rel.
discussed
Cited "see, e.g."
Heldman ex rel. T.H. v. Sobol
N.Y.Educ.Law § 4404(2); 8 N.Y.C.R.R. 276.10 (1991); see also Burr v. Ambach, 863 F.2d 1071, 1077 (2d Cir.1988) (review by the Commissioner of Education does not satisfy § 1415's impartiality requirement), vacated, 492 U.S. 902 , 109 S.Ct. 3209 , 106 L.Ed.2d 560 reaff’d, Burr v. Sobol, 888 F.2d 258 (2d Cir.1989), cert. denied, 494 U.S. 1005 , 110 S.Ct. 1298 , 108 L.Ed.2d 475 (1990). .
discussed
Cited "see, e.g."
Heldman v. Sobol
N.Y.Educ.Law § 4404(2); 8 N.Y.C.R.R. 276.10 (1991); see also Burr v. Ambach, 863 F.2d 1071, 1077 (2d Cir.1988) (review by the Commissioner of Education does not satisfy § 1415's impartiality requirement), vacated, 492 U.S. 902 , 109 S.Ct. 3209 , 106 L.Ed.2d 560 reaff'd, Burr v. Sobol, 888 F.2d 258 (2d Cir.1989), cert. denied, 494 U.S. 1005 , 110 S.Ct. 1298 , 108 L.Ed.2d 475 (1990) 6 Article III states that "[t]he judicial Power shall extend to all Cases ... [and] Controversies ...," which has been interpreted to mean that federal courts may only hear cases or controversies.
discussed
Cited "see, e.g."
Litton Industries, Inc. v. Lehman Bros. Kuhn Loeb
See, e.g., Burr v. Ambach, 863 F.2d 1071, 1074 (2d Cir.1988), vacated on other grounds sub nom., Sobol v. Burr, 492 U.S. 902 , 109 S.Ct. 3209 , 106 L.Ed.2d 560 (1989); Perez v. Ortiz, 849 F.2d 793, 796 (2d Cir.1988); Ansam Assocs., 760 F.2d at 445; Brunswick, 582 F.2d at 113 .
Retrieving the full opinion text from the archive…
Commissioner of Internal Revenue
v.
Merit Life Insurance Co.
v.
Merit Life Insurance Co.
No. 88-955.
Supreme Court of the United States.
Jun 26, 1989.
Cited by 2 opinions | Published
C. A. 7th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Colonial American Life Ins. Co. v. Commissioner, 491 U. S. 244 (1989).