State v. Hocker’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The least favored category consists of motions filed after sentencing. Defendants making these motions must demonstrate that manifest injustice will result if their pleas are not withdrawn. At the other end of the spectrum, motions made before sentencing invoke the broad discretion of the court. The judge is encouraged to exercise discretion liberally in these cases. The defendant need only advance a just reason to withdraw his plea. When such a reason is presented, relief will be granted absent a strong showing of prejudice by the state. Finally, a third category represents a hybrid of the other two. It consists of motions made before sentencing but after the defendants have read presentence reports or otherwise have received information about their probable sentences. In this type of case the court will exercise broad discretion, but may temper its liberality by weighing the defendant’s apparent motive.”

   1 later decision quote this exact passage
   e.g. State v. Hawkins