State v. Cutler’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A plea of guilty is more than a confession, it is itself a conviction[,] and must, therefore, be in “every respect voluntary.” A judge may not accept a defendant’s plea without first ascertaining that it is voluntary and intelligently made. Because a defendant waives certain constitutionally protected rights by pleading guilty, the plea itself must be tantamount to a voluntary and intelligently made waiver of those rights, or it is invalid under the due process clause of the Fourteenth Amendment. For a plea to be intelligently made, a defendant must thoroughly understand its consequences. Moreover, in order for a plea to be deemed voluntary, the defendant must be aware, of its ramifications and must be apprised of the range of sentence that he could face and of the rights he will forfeit. Therefore, if the defendant does not have a proper understanding of what can happen as a result of his plea, it is not voluntarily made and is void.”

   2 later decisions quote this exact passage
   e.g. State v. Phillips · State v. Lukens

2. ““We do not hold today that a condition of probation is a sentence. We merely hold that the potential of receiving greater jail time than that which is specified in the plea agreement is a ramification of which the defendant must be aware if he is to make a voluntary and intelligent plea.” 590 P.2d at 446 .”

   2 later decisions quote this exact passage
   e.g. State v. Harris · State v. Soto

3. “Before accepting a plea of guilty or no contest, the court shall address the defendant personally in open court, informing him of and determining that he understands the following: (a) The nature of the charge to which the plea is offered; (b) The nature and range of possible sentence for the offense to which the plea is offered, including any special conditions regarding sentence, parole or commutation imposed by statute; (c) The constitutional rights which he forgoes by pleading guilty or no contest, including his right to counsel if he is not represented by counsel; and (d) His right to plead not guilty.”

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