2006 Pa. Super. 261 - Commonwealth v. Rush’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Our law is clear that, to be valid, a guilty plea must be knowingly, voluntarily and intelligently entered.” ... In order for a guilty plea to be constitutionally valid, the guilty plea colloquy must affirmatively show that the defendant understood what the plea connoted and its consequences. This determination is to be made by examining the totality of the circumstances surrounding the entry of the plea. [A] plea of guilty will not be deemed invalid if the circumstances surrounding the entry of the plea disclose that the defendant had a full understanding of the nature and consequences of his plea and that he knowingly and voluntarily decided to enter the plea. “Our law presumes that a defendant who enters a guilty plea was aware of what he was doing. He bears the burden of proving otherwise.” “[W]here the record clearly demonstrates that a guilty plea colloquy was conducted, during which it became evident that the defendant understood the nature of the charges against him, the voluntariness of the plea is established.””

   1 later decision quote this exact passage
   e.g. 2010 Pa. Super. 171 - Commonwealth v. Garcia

2. ““(1) Does the defendant understand the nature of the charges to which he or she is pleading guilty or nolo contendere? “(2) Is there a factual basis for the plea? “(3) Does the defendant understand that he or she has the right to trial by jury? “(4) Does the defendant understand that he or she is presumed innocent until found guilty? “(5) Is the defendant aware of the permissible range of sentences and/or fines for the offenses charged? “(6) Is the defendant aware that the judge is not bound by the terms of any plea agreement tendered unless the judge accepts such agreement?” Commonwealth v. Rush, 909 A.2d 805, 808-809 (Pa. Super. 2006).”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Fanelli