State v. Fitzgerald’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he trial court's refusal to accept appellant's plea was an abuse of discretion, or more precisely, it was a refusal to exercise the court's discretion. The trial court arbitrarily refused to consider the facts and circumstances presented, "but instead relied on a fixed policy established at its whim." State v. Graves (Nov. 19, 1998), 10th Dist. No. 98AP-272[, 1998 WL 808356 ], * * * quoting [ State v. ] Carter [ (1997), 124 Ohio App.3d 423 , 428, 706 N.E.2d 409 ]. The Graves court held, "[a]lthough the trial court has the discretion to refuse to accept a no-contest plea, it must exercise its discretion based on the facts and circumstances before it, not on a blanket policy that affects all defendants regardless of their circumstances." Graves, supra, at 10 .”

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

2. “a trial court abuses its discretion when it rejects a plea agreement by relying on a blanket policy rather than considering the facts and circumstances of the particular case”

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

3. “unvaried policy of not accepting plea agreements on the day of trial”

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