State v. Brown’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The State argues extensively that Brown’s subjective knowledge that he could be sentenced to a maximum of forty years is crucial. We disagree. We conclude that the plain language of the code sections quoted above provides that a defendant must be advised of the maximum punishment. We further conclude that Benjamin [v. McCormick (1990), 243 Mont. 252 , 792 P.2d 7 ,] and [In re the Matter of] Orman [(1986), 224 Mont. 332 , 731 P.2d 893 ,] support Brown’s argument that the sentence must be modified to provide for a sen tence no longer than the maximum sentence which Judge Davis advised Brown he could receive for the charged offenses.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Roach

2. “In this case, Benjamin’s guilty plea was based on error. Both the sentencing court and the habeas corpus court found that Benjamin was misinformed as to the consequences of his plea. The record contains sufficient evidence to establish that the sentencing court, prosecutor and defense counsel all apparently failed to recognize that the sexual offender program lasted two years and assured the defendant that he would be incarcerated for only one year. The usual remedy for a guilty plea that is not voluntarily or knowingly made is to allow the defendant to withdraw the plea.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Roach