176 Ind. App. 306 - Elmore v. State’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Other sections of Chapter 35-4.1-1 also provide the procedures for arraignment and plea as well as providing for withdrawal of guilty pleas. None of these statutes expressly requires the court to accept a guilty plea. It is also to be noted that § 35-4.1-1-3 was enacted in 1973, while the plea bargaining statute, chapter 35-5-6, quoted in note 2, became effective in 1975 and repeals by implication any provisions of the earlier statute which are inconsistent with the latter, e.g., if a plea bargain recommendation has been put into writing and accepted by the court pursuant to § 35-5-6-2 'it shall be bound by its terms' and thus it should not inform the defendant pursuant to § 35-4.1~1~-3(e) 'that if it accepts the guilty plea the court is not bound by defendant's agreement with the prosecutor. Obviously, however, all pertinent statutes must be read together and interpreted consistently with case law. Thus § 35-5-6-2(b) does not mean that the court's acceptance of the prosecutor's written recommendations binds him to accept defendant's guilty plea. The court must still satisfy himself that there is a factual basis for the defendant's offer to plead guilty and that it is freely, knowingly, and voluntarily offered and must cause the proceeding at which that determination is made to be recorded and transcribed pursuant to Criminal Rule 10." 375 N.E.2d at 662 .”

   1 later decision quote this exact passage · from the dissent
   e.g. Gray v. State

2. “In this case before us, the section defining theft as when one "knowingly obtains or exerts unauthorized control over property of another" comprehends a very broad field of theft, including any other narrowly defined activity specifically defined in the statute, such as obtaining "by deception control over property of the owner or a signature to any written instrument."”

   1 later decision quote this exact passage · from the dissent
   e.g. Walden v. State

3. ““The fact that there are other included offenses, which are more narrowly defined does not prohibit the state from prosecuting under a broader provision of the statute, such as the one in this case which covers any ‘unauthorized control of the property of the owner.’ ””

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