Mendez v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) whether the trial judge initiated the plea discussions with the defendant in violation of Warner ; (2) whether the trial judge, through his or her comments on the record, appears to have departed from his or 'her role as an impartial arbiter by either urging the defendant to accept a plea, or by implying or stating that the sentence imposed would hinge on future procedural choices, such as exercising the right to trial; (3) the disparity between the plea offer and the ultimate sentence imposed; and (4) the lack of any facts on the record that explain the reason for the increased sentence other than that the defendant exercised his or her right to a trial or hearing.”

   4 later decisions quote this exact passage
   e.g. Julio C.C. Nunez v. State · Pierre v. State

2. ““Judicial participation in plea negotiations followed by a harsher sentence is one of the circumstances that, along with other factors, should be considered in determining whether there is a ‘reasonable likelihood’ that the harsher sentence was imposed in retaliation for the defendant not pleading guilty and instead exercising his or her right to proceed to trial.””

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

3. “The term vindictive — when used in the context of a claim of vindictive sentence — is a term of art which expresses the legal effect of a given course of action, viewed objectively, and does not imply any personal animosity between the court and the defendant.”

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