Henning v. State’s Empirical Analysis
1947
Citation profile
21 state decisions
How this case has been cited
Cited by 21 later decisions — most recently December 2010
21 state decisions
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 Ætna Casualty & Surety Co. v. Austin · The People v. Schraeberg · The People v. Long · People v. Kleist · State v. McDonnell
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Ordinarily an accused should be permitted to withdraw his plea of guilty where it was entered through a misunderstanding as to its effect, or through fear and fraud, or where it was not made voluntarily. ‘On the other hand, if a defendant, with full knowledge of the charge against him and of his rights and the consequences of a plea of guilty, enters such a plea understandingly and without fear or persuasion, the court may, without abusing its discretion, refuse to permit him to withdraw it.’ 14 Am.Jur., sec. 287, p. 962. See also annotations in 20 A.L.R. 1450 et seq., and 66 A.L.R. 632 et seq. “In our own case of Swang v. State, 42 Tenn. 212 , 88 Am.Dec. 593, it was held that where a plea of guilty and submission was made through fear or fraud or through official misrepresentation and the accused acted ‘under a total misapprehension of his rights’, the plea should be set aside * * * * * * * * * “We have given careful consideration to the authorities cited by counsel, People v. Schraeberg, 340 Ill. 620 , 173 N.E. 148 ; People v. Long, 346 Ill. 646 , 178 N.E. 918, 920 ; and other cases. In the Schraeberg case the defendant did not fully understand the consequences of the plea and moreover it was taken in the absence of his counsel who had represented him the day before. In People v. Long it was held that the facts set out in the petition to set aside the plea were sufficient to raise the issue as to whether the defendant had been deprived of a substantial defense. In these ci”
1 later decision quote this exact passage · from the majority“[t]he trial court's decision `will not be reversed unless it clearly appears that there was an abuse of discretion.'”
1 later decision quote this exact passage · from the majoritye.g. State v. Virgil
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.