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← 2006 WIAPP 182 - State v. Howell

State v. Howell’s Empirical Analysis

2006

Citation profile

4
cited by 4 later decisions
1
states following
June 2007
most recently cited

4 state decisions

Relationships

Relies on Strickland v. Washington · Boykin v. Alabama · 208 Wis. 2d 166 - In RE MARRIAGE OF COOK v. Cook · 131 Wis. 2d 246 - State v. Bangert · 201 Wis. 2d 303 - State v. Bentley

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

  1. “971.08 Pleas of guilty and no contest; withdrawal thereof. (1) Before the court accepts a plea of guilty or no contest, it shall do all of the following: (a) Address the defendant personally and determine that the plea is made voluntarily with understanding of the nature of the charge and the potential punishment if convicted. (b) Make such inquiry as satisfies it that the defendant in fact committed the crime charged. (c) Address the defendant personally and advise the defendant as follows: "If you are not a citizen of the United States of America, you are advised that a plea of guilty or no contest for the offense with which you are charged may result in deportation, the exclusion from admission to this country or the denial of naturalization, under federal law." (d) Inquire of the district attorney whether he or she has complied with s. 971.095(2). (2) If a court fails to advise a defendant as required by sub. (l)(c) and a defendant later shows that the plea is likely to result in the defendant's deportation, exclusion from admission to this country or denial of naturalization, the court on the defendant's motion shall vacate any applicable judgment against the defendant and permit the defendant to withdraw the plea and enter another plea. This subsection does not limit the ability to withdraw a plea of guilty or no contest on any other grounds. (3) Any plea of guilty which is not accepted by the court or which is subsequently permitted to he withdrawn shall not be used ag”
    1 later decision quote this exact passage
  2. “'facts sufficient to entitle [him] to relief, or presented] only conclusory allegations, or if the record [otherwise] conclusively demonstrates that [Basley] is not entitled to relief. 1”
    1 later decision quote this exact passage
  3. “What distinguishes a Bangert motion is ... whether the burden of proof on the topic should shift to the State because of a plea colloquy defect.”
    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.