State v. Abdullahi’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(b) Advice to Defendant. The court may not accept a plea of guilty without first, by addressing defendant personally [except as provided in Rule 43(c) ] in open court, informing the defendant of and determining that the defendant understands the following: (1) The nature of the charge to which the plea is offered; (2) The mandatory minimum punishment, if any, and the maximum possible punishment provided by the statute defining the offense to which the plea is offered; (3) That the defendant has the right to plead not guilty, or to persist in that plea if it has already been made, or to plead guilty; (4) That if the defendant pleads guilty there will not be a further trial of any kind, so that by pleading guilty the defendant waives the right to a trial by jury or otherwise and the right to be confronted with adverse witnesses; and (5)If the defendant is not represented by an attorney, that the defendant has the right to be represented by an attorney at every stage of the proceeding against the defendant and, if necessary, one will be appointed the defendant, as provided in Rule 44, North Dakota Rules of Criminal Procedure.”

   2 later decisions quote this exact passage
   e.g. Abdi v. State · Damron v. State

2. “(d) Plea Withdrawal. (1) The court shall allow the defendant to withdraw a plea of guilty whenever the defendant, on a timely motion for withdrawal, proves withdrawal is necessary to correct a manifest injustice. (2) A motion for withdrawal is timely if made with due diligence, considering the nature of the allegations, and is not necessarily barred be cause made subsequent to judgment or sentence. (3) In the absence of a showing that withdrawal is necessary to correct a manifest injustice, a defendant may not withdraw a plea of guilty 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 a plea for any fair and just reason unless the prosecution has been substantially prejudiced by reliance upon the defendant’s plea.”

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

3. “We need not define the federal immigration consequences of [the appellant's] guilty plea to the charge[s] . . . under state law, and we assume federal law subjects him to deportation and mandatory, indefinite detention because of the conviction resulting from his guilty plea.”

   1 later decision quote this exact passage
   e.g. 847 So. 2d 399 - Rumpel v. State