State v. Morgan’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This court stated in State v. McAllister, 96 Mont. 348 , 30 Pac. (2d) 821, 823 , that: ‘A change of plea will ordinarily be permitted if it fairly appears that the defendant was in ignorance of his rights and of the consequences of his act, or if influenced unduly and improperly either by hope or by fear in making it, or if it appears that the plea was entered under some mistake or misapprehension. 16 C.J. 398. This court has recognized the right of so doing in State v. Nicholas, 46 Mont. 470 , 128 Pac. 543 ; State v. Dow, 71 Mont. 291 , 229 Pac. 402 , and State ex rel. Foot v. District Court, 81 Mont. 495 , 263 Pac. 979 , and has also held that the right may be exercised in a proper case after judgment has been pronounced. State ex rel. Foot v. District Court, supra. It is a matter that rests in the discretion of the trial court and is subject to review only in the case of an abuse of discretion. State ex rel. Foot v. District Court, supra. Each case of necessity must depend upon its own facts and circumstances, and no hard and fast rule can be laid down that will fit every case. When application is made to change the plea, all doubts should be resolved in favor of a trial on the merits. (People v. Rucker, 254 Mich. 342 , 236 N. W. 801 ; Pope v. State, 56 Fla. 81 , 47 So. 487 , 16 Ann. Cas. 972; Krolage v. People, 224 Ill. 456 , 79 N. E. 570 , 8 Ann. Cas. 235; People v. Wheeler, 349 Ill. 230 , 181 N. E. 623 ), and the .discretion of the court should be liberally exercised i”

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