Gibbs v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) In General-The attorney for the state and the attorney for the defendant or the defendant when acting pro se may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea of guilty or nolo contende-re to a charged offense or to a lesser related offense, the attorney for the state will do any of the following: (A) Agree not to prosecute other crimes or move for dismissal of other charges; (B) Make a recommendation, or agreement not to oppose the defendant's request, for a particular sentence, with the understanding that such recommendation or request shall not be binding upon the court; or (C) Agree that specific sentence is the appropriate disposition of this case.”

   1 later decision quote this exact passage
   e.g. Brian J. Noel v. The State of Wyoming

2. “. "as in contract," a party should not be released from its obligations under a plea agreement absent another party's material or substantial breach of that agreement. A material or substantial breach is one that goes to the whole consideration of the agreement. Several factors are relevant to whether a breach is material or substantial, including the extent to which the non-breaching party will be deprived of the benefit it reasonably expected and the extent to which the breaching party's conduct comports with the standards of good faith and fair dealing. Schade v. State, 2002 WY 183, 15 , 53 P.3d 551, 554 (Wyo.2002) (citing Browning v. State, 2001 WY 93, 1182 , 32 P.3d 1061 , [1071] (Wyo.2001)).”

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