Bryant v. State’s Empirical Analysis

Citation profile

9 federal appellate · 2 district · 77 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 88 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Accordingly, in the future we will no longer permit a defendant to challenge the validity of a guilty plea on direct appeal from the judgment of conviction. Instead, a defendant must raise a challenge to the validity of his or her guilty plea in the district court in the first instance, either by bringing a motion to withdraw the guilty plea, or by initiating a post-conviction proceeding under NRS 34.360 or NRS 177.315. It shall then be the duty of the trial court to review the entire record to determine whether the plea was valid, either by reason of the plea canvass itself or under a totality of the circumstances approach. As we have held in the past, the trial court should view the guilty plea as presumptively valid and the burden should be on the defendant to establish that the plea was not entered knowingly and intelligently. See generally Wingfield v. State, 91 Nev. 336 , 535 P.2d 1295 (1975). On appeal from the district court’s determination, we will presume that the lower court correctly assessed the validity of the plea, and we will not reverse the district court’s determination absent a clear showing of an abuse of discretion.”

   5 later decisions quote this exact passage · from the majority
   e.g. Riker v. State · STATE VS. SMITH (TERRANCE)

2. “[W]hile we believe trial courts should in all circumstances conduct sufficient and thorough plea canvasses, as an appellate court reviewing the validity of a plea, we cannot be constrained to look only to the technical sufficiency of a plea canvass to determine whether a plea has been entered with a true understanding of the nature of the offense charged. As the United States Supreme Court has recognized, an appellate court should review the entire record, and look to the totality of the facts and circumstances of a defendant’s case, to determine whether a defendant entered his plea with an actual understanding of the nature of the charges against him. See Marshall v. Lonberger, 459 U.S. 422 (1983); Henderson v. Morgan, 426 U.S. 637 (1976).”

   2 later decisions quote this exact passage · from the majority
   e.g. Little v. Crawford · State v. Freese

3. “If a plea of guilty is made in a written plea agreement, the agreement must be in substantially the form prescribed in NRS 174.063. If a plea of guilty or guilty but mentally ill is made orally, the court shall not accept such a plea or a plea of nolo contendere without first addressing the defendant personally and determining that the plea is made voluntarily with understanding of the nature of the charge and consequences of the plea. In addition, the court shall not accept a plea of guilty but mentally ill without complying with the provisions of NRS 174.041.”

   1 later decision quote this exact passage · from the majority
   e.g. Hurd v. State