State v. Shaw’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““K.S.A. 22-3210(a)(4) provides in relevant part that before or during trial a plea ' of guilty or nolo contendere may be accepted when ‘the court is satisfied that there is a factual basis for the plea.’ “Defendant waived the preliminary hearing and, during the arraignment, orally stipulated to a factual basis for the plea. However, not even a cursory recitation of the facts appears in the record. In Widener v. State, 210 Kan. 234, 237 , 499 P.2d 1123 (1972), the Kansas Supreme Court found: ‘Notwithstanding the express desire of the accused to enter a plea of guilty in a felony case, the court should not enter a judgment upon such a plea without personally making such inquiry of the accused as may satisfy it that there is a factual basis for the plea.’ “The problem in this case is not with stipulations in general. See White v. State, 222 Kan. 709, 713 , 568 P.2d 112 (1977). The problem is that this particular stipulation did not recite or refer to any of the facts constituting a factual basis. It was nothing more than a bald statement by defense counsel that ‘[w]e stipulate there is a factual basis.’ “At oral argument we inquired of counsel concerning this apparent major departure from the statutory process. No satisfactory explanation could be made. “K.S.A. 22-3210 embodies due process requirements as set out by the United States Supreme Court in Boykin v. Alabama, 395 U.S. 238 , 23 L. Ed. 2d 274 , 89 S. Ct. 1709 (1969), and other United States and Kansas Supreme Court cases”

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