State v. Vogel’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he currently existing standard requiring that a guilty plea be made voluntarily does apply in the present case [Application of Stone, 171 N.W.2d 119 (N.D.1969), cert. denied 397 U.S. 912 , 90 S.Ct. 912 , 25 L.Ed.2d 93 (1970) ], as does the currently existing standard requiring that a guilty plea be made knowingly, that is to say, with sufficient awareness of the nature and likely consequences of the crime charged. Brown v. Swenson, [ 487 F.2d 1236, 1240 (8th Cir.1973), cert. denied 416 U.S. 944 , 94 S.Ct. 1952 , 40 L.Ed.2d 296 (1974) ]; State v. Magrum, 76 N.D. 527 , 38 N.W.2d 358 (1949). The determinative question then becomes whether or not, in view of the totality of the circumstances, the plea was made voluntarily and knowingly. Brown v. Swenson, supra. The significant difference between this pre-Boykin standard— the one we adopt for purposes of the present case — and our current standard for determining whether or not a plea has been made voluntarily and knowingly is that the former does not require an affirmative showing on the record that (1) specific procedural warnings were given to and (2) specific procedural questions were asked of the defendant by the trial judge; it requires only that the record contain sufficient facts to demonstrate the voluntary and knowing nature of the plea. Winford v. Swenson, 517 F.2d 1114, 1117 (8th Cir.1975), cert. denied 423 U.S. 1023 , 96 S.Ct. 464 , 46 L.Ed.2d 396 (1975).”

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