Brainard v. State’s Empirical Analysis

Citation profile

64 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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The court should not accept a plea of guilty or nolo contendere without first determining that the plea is voluntary. By inquiry of the prosecuting attorney and defense counsel, the court should determine whether the tendered plea is the result of prior plea discussions and a plea agreement, and, if it is, what agreement has been reached. If the prosecuting attorney has agreed to seek charge or sentence concessions which must be approved by the court, the court must advise the defendant personally that the recommendations of the prosecuting attorney are not binding on the court. The court should then address the defendant personally and determine whether any other promises or any force or threats were used to obtain the plea.””

   2 later decisions quote this exact passage
   e.g. State v. Warner · State v. Fisher

2. ““We are persuaded and now hold, when a guilty plea is entered by defendant, the court must address the accused personally and by that procedure heretofore prescribed determine whether he understands the charge made, is aware of the penal consequences of the plea, and that it is entered voluntarily. Nothing less will suffice.””

   2 later decisions quote this exact passage
   e.g. State v. Fisher · State v. Brant

3. “THE COURT: You should understand that the burden of proof would be on the State to prove the elements of the agreement, conspiracy. Also, the subject matter of that conspiracy, which would be, in this case, robbery. If they failed to prove either one or more of those elements, the jury would be required to return a verdict of not guilty. Do you understand that? THE DEFENDANT: Yes. THE COURT: You’d have the right through your attorney to confront and cross-examine any of the witnesses called by the State, make them testify under cross-examination as to any of the facts claimed by them. In addition, you would have the right through the subpoena power of the Court to require the attendance of witnesses in your behalf if you desired to have them. You would not be required to produce any evidence, because you have the presumption of innocence. You also have the privilege against self-incrimination, which means you could not be required to testify in your own behalf. In addition, if your attorney requested it, the Court would be required to instruct the jury that your failure to testify could, in no way, by no means, and in no context, be considered by the jury to be an admission of your guilt. They would be instructed that your failure to testify could not be considered by them in any respect. Do you understand that? THE DEFENDANT: Yes.”

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