169 Conn. App. 168 - State v. Simpson’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. “As a preliminary matter, we set forth the applicable standard of review. It is well established that [t]he burden is always on the defendant to show a plausible reason for the withdrawal of a plea of guilty.... To warrant consideration, the defendant must allege and provide facts which justify permitting him to withdraw his plea under [ Practice Book § 39-27 ].... Whether such proof is made is a question for the court in its sound discretion, and a denial of permission to withdraw is reversible only if that discretion has been abused.... In determining whether the trial court [has] abused its discretion, this court must make every reasonable presumption in favor of [the correctness of] its action.... Our review of a trial court's exercise of the legal discretion vested in it is limited to the questions of whether the trial court correctly applied the law and could reasonably have reached the conclusion that it did.... "Motions to withdraw guilty pleas are governed by Practice Book §§ 39-26 and 39-27. Practice Book § 39-26 provides in relevant part: A defendant may withdraw his ... plea of guilty ... as a matter of right until the * plea has been accepted. After acceptance, the judicial authority shall allow the defendant to withdraw his ... plea upon proof of one of the grounds in [Practice Book §] 39-27 ....”

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

2. “(1) The nature of the charge to which the plea is offered; (2) The mandatory minimum sentence, if any; (3) The fact that the statute for the particular offense does not permit the sentence to be suspended; (4) The maximum possible sentence on the charge ... (5) The fact that he ... has a right to plead not guilty or to persist in that plea if it has already been made, and the fact that he ... has the right to be tried by a jury or a judge and that at that trial the defendant has the right to the assistance of counsel, the right to confront and cross-examine witnesses against him ... and the right not to be compelled to incriminate himself ....”

   1 later decision quote this exact passage
   e.g. 172 Conn. App. 585 - Green v. Commissioner of Correction

3. “When asked if he wished to be heard, the defendant's attorney stated: 'I don't have anything to add other than the representations in the motion as reasons that my client gave me that he wish[ed] to withdraw the plea. And I don't see, in the transcript [of the plea canvass], any technical reasons that would be supported by the Practice Book.' When afforded an opportunity to address the court with respect to the motion to withdraw the plea, the prosecutor added, in addition to his * written objection, that the defendant had prior experience in the criminal justice system.”

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