245 So. 2d 41 - Brown v. State’s Empirical Analysis
1971
Citation profile
57 state decisions
How this case has been cited
Cited by 57 later decisions — most recently September 2015 · most notably 316 So. 2d 267 - Williams v. State (1975), 689 So. 2d 235 - State v. Leroux (1996)
57 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 136 So. 2d 25 - Banks v. State · 234 So. 2d 161 - Brown v. State
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“From a careful examination of the testimony offered by the Assistant State Attorney and counsel for appellant, it is clearly apparent that appellant was persuaded to and did in fact withdraw his plea of not guilty to the charge against him, and entered his plea of guilty to aggravated assault entirely as a result of an honest mistake, misunderstanding or misapprehension which occurred between his counsel and the Assistant State Attorney. From the evidence it appears without any serious question that appellant would not have changed his plea of not guilty to that of guilty except for the understanding of his attorney, erroneously as it may have been, that under the circumstances in the case defendant would be placed on probation and not sentenced to serve a term of imprisonment. The record does not reveal the slightest indication of trickery, fraud or overreaching on the part of either of the attorneys in the case. It is equally clear that the trial judge made no previous commitment as to what disposition he would ultimately make of the case prior to the time sentence was imposed.”
1 later decision quote this exact passage“"[A] judge is not bound to grant probation and ... an accused cannot withdraw his guilty plea merely because the sentence did not conform to what he hoped it might be... . "If the State and defense counsel agree upon a specific statement of facts constituting the crime to be admitted and with the further understanding regarding the effect of subsequent presentence investigation, we see no reason why a judge should not, if he chooses, make a specific announcement of the sentence he will impose upon a guilty plea. "We repeat that a judge is never bound in sentencing by these negotiations." 245 So.2d at 43-44 .”
1 later decision quote this exact passage“[A] judge should be liberal in the exercise of his discretion and allow withdrawal of a plea of guilty where it is shown ... that the plea was based on a failure of communication or misunderstanding of the facts.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.