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← 198 Neb. 115 - State v. Kluge

State v. Kluge’s Empirical Analysis

1977

Citation profile

30
cited by 30 later decisions
3
states following
June 2023
most recently cited

2 federal appellate · 28 state decisions

How this case has been cited

Cited by 30 later decisions — most recently June 2023 · most notably State v. Irish (1986), State v. Minshall (1987)

2 federal appellate · 28 state decisions

160197719801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on State v. Turner · State v. Nokes · State v. Evans · State v. Griger · State v. Lewis

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) The court should allow the defendant to withdraw his plea of guilty or nolo contendere whenever the defendant, upon a timely motion for withdrawal, proves that withdrawal is necessary to correct a manifest injustice. * * * “ ‘(b) In the absence of a showing that withdrawal is necessary to correct a manifest injustice, a defendant may not withdraw his plea of guilty or nolo contendere as a matter of right once the plea has been accepted by the court. Before sentence, the court in its discretion may allow the defendant to withdraw his plea for any fair and just reason unless the prosecution has been substantially prejudiced by reliance upon the defendant’s plea.’ Section 2.1 also provides that withdrawal of the plea is necessary to correct a manifest injustice whenever the defendant proves that he was denied the effective assistance of counsel, that the plea was not entered or ratified by the defendant, that the plea was involuntary or unknowing, or that the prosecution has failed to abide by a plea agreement. “This court has held on numerous occasions that a motion to withdraw a plea of guilty or nolo contendere should be sustained only if the defendant proves withdrawal is necessary to correct a manifest injustice and the grounds for withdrawal are established by clear and convincing evidence. State v. Freeman, 193 Neb. 227 , 226 N. W. 2d 351 (1975); State v. Daniels, 190 Neb. 602 , 211 N. W. 2d 127 (1973); State v. Johnson, 187 Neb. 26 , 187 N. W. 2d 99 (1971). When a”
    2 later decisions quote this exact passage
  2. “This court approved and adopted the American Bar Association Standards Relating to Pleas of Guilty as minimum standards in State v. Turner, 186 Neb. 424 , 183 N.W.2d 763 (1971), and has adhered to those standards with reference to withdrawal of guilty pleas. State v. Evans, 194 Neb. 559 , 234 N.W.2d 199 (1975). Section 2.1 of those standards provides:”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.