238 Mich. App. 422 - People v. Davidovich’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. “We discern no principled distinction between the immigration consequences of a plea and these other collateral consequences .... As the United States Supreme Court noted in United States v. Timmreck, 441 U.S. 780, 784 , 99 S.Ct. 2085 , 60 L.Ed.2d 634 (1979): “Every inroad on the concept of finality undermines confidence in the integrity of our procedures; and, by increasing the volume of judicial work, inevitably delays and impairs the orderly administration of justice. The impact is greatest when new grounds for setting aside guilty pleas are approved because the vast majority of criminal convictions result from such pleas.... ” [Quoting United States v. Smith, 440 F.2d 521, 528-529 (C.A.7, 1971) (Stevens, J., dissenting).] We realize deportation is a much more severe sanction than the defendant anticipated receiving, and defendant’s motion to withdraw his plea carries a certain intuitive appeal.... [However,] [t]o the extent that the trial court might be trying to save defendant from deportation, its efforts are misguided. The Congress, through its legislation, decides which crimes merit deportation'. As we discussed above, deportation is a collateral consequence of defendant’s conviction. It is the fulfillment of a federal immigration policy, and it is unrelated to the trial court’s inquiry. The trial court’s only concern is whether defendant committed the charged crime and whether the plea was entered knowingly and voluntarily. Trial courts should not attempt to aid defen”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Ramirez

2. “Although we acknowledge that deportation is a severe collateral consequence, we cannot conclude that it warrants treatment as a direct consequence of a plea. Deportation is only one possible collateral consequence of a guilty plea.... Collateral consequences of a guilty plea are many. They may include the loss of civil service employment, of the right to vote and to travel freely abroad, of the right to a driver’s license, and of the right to possess firearms.”

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