2016 Pa. Super. 234 - Commonwealth v. Blango’s Empirical Analysis

Citation profile

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

1. “[W]e recognize that at "any time before the imposition of sentence, the court may, in its discretion, permit, upon motion of the defendant, or direct sua sponte , the withdrawal of a plea of guilty or nolo contendere and the substitution of a plea of not guilty." Pa.R.Crim.P 591(A). The Supreme Court of Pennsylvania recently clarified the standard of review for considering a trial court's decision regarding a defendant's pre-sentence motion to withdraw a guilty plea: Trial courts have discretion in determining whether a withdrawal request will be granted; such discretion is to be administered liberally in favor of the accused; and any demonstration by a defendant of a fair-and-just reason will suffice to support a grant, unless withdrawal would work substantial prejudice to the Commonwealth. Commonwealth v. Carrasquillo , 631 Pa. 692 , 115 A.3d 1284 , 1285, 1291-92 (2015) (holding there is no per se rule regarding pre-sentence request to withdraw a plea, and bare assertion of innocence is not a sufficient reason to require a court to grant such request). We will disturb a trial court's decision on a request to withdraw a guilty plea only if we conclude that the trial court abused its discretion. Commonwealth v. Gordy , 73 A.3d 620 , 624 (Pa.Super. 2013).”

   2 later decisions quote this exact passage
   e.g. 2017 Pa. Super. 43 - Commonwealth v. Islas · Commonwealth v. Davis

2. “there exists little case law explaining what constitutes prejudice in the withdrawal of a guilty plea context...., it would seem that prejudice would require a showing that due to events occurring after the plea was entered, the Commonwealth is placed in a worse position than it would have been had trial taken place as scheduled. This follows from the fact that the consequence of granting the motion is to put the parties back in the pre-trial stage of proceedings. This further follows from the logical proposition that prejudice cannot be equated with the Commonwealth being made to do something it was already obligated to do prior to the entry of the plea.”

   1 later decision quote this exact passage
   e.g. 2017 Pa. Super. 43 - Commonwealth v. Islas

3. “Even if there is a ‘fair and just reason’ to permit withdrawal of a guilty plea, withdrawal should not be permitted if the prosecution has been ‘substantially prejudiced.’ It is settled law that “prejudice,” in the withdrawal of a guilty plea context, requires a showing that, due to events occurring after the plea was entered, the Commonwealth is placed in a worse position than it would have been had trial taken place as scheduled.”

   1 later decision quote this exact passage
   e.g. 2017 Pa. Super. 43 - Commonwealth v. Islas