Goff v. State’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The appellant before sentence, orally moved to withdraw his plea of guilty and after sentencing filed a verified written motion to withdraw the plea of guilty. Where it can be reasonably construed that when the plea of guilty was entered the appellant toas ignorant of a plain constitutional right, of which he would have taken advantage had he been properly advised, then the appellant should be allowed to withdraw the plea of guilty and enter a plea of not guilty. Atkinson v. State (1920), 190 Ind. 1, 7 , 128 N. E. 433 . Where an accused having entered a plea of guilty on being arraigned, subsequently desires to withdraw the plea, the proper method is by a verified motion and service on the Prosecuting Attorney. The above procedure was followed in this case. Where there is an abuse of discretion, the court, on appeal, will review the ruling even where the application for leave to withdraw the plea is made after judgment. A verified plea, uncontroverted, that the guilty plea was not made understandingly or freely, should be granted. ‘No harm could have resulted to society or to the State by permitting a withdrawal by appellant of the plea of guilty and to allow him to plead not guilty. . . .’ Dobosky v. State (1915), 183 Ind. 488, 492 , 109 N. E. 742 .” 240 Ind. at 271, 272 , 163 N. E. 2d at 890 . (our emphasis)”

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

2. ““Arraignment is a crucial step in the course of criminal procedure. It is at this juncture in the proceedings that the accused hears the formal charge which is lodged against him and he is called upon to enter his plea. He must decide whether he has in fact committed the offense with which he is charged, in the manner that he is charged with having committed said offense and with the necessary intent. If so, he is guilty, if not he is not guilty and should so plead. The initial determination of tohether or not one is legally ‘guilty’ of a particular crime beyond a reasonable doubt should be made by competent counsel who should examine the formal charge and weigh the facts relative thereto in order to properly advise the defendant as to the nature of his plea. Only with benefit of skilled representation can a defendant appear for arraignment and intelligently enter his plea. ‘It is as important to have counsel at all steps of the proceeding, where an accused must decide whether or not to plead guilty as it is to have a lawyer when an accused stands trial.’ State v. Lindsey (1952), 231 Ind. 126, 133 , 106 N. E. 2d 230 ; State v. Carrol (1952), 231 Ind. 126, 133 , 106 N. E. 2d 230 .” (our emphasis) 240 Ind. at 273 .”

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