376 So. 2d 59 - Counts v. State’s Empirical Analysis

1979

Citation profile

cited by 94 later decisions

states following

January 2010

most recently cited

94 state decisions

How this case has been cited

Cited by 94 later decisions — most recently January 2010 · most notably 760 So. 2d 114 - Leonard v. State (2000), 685 So. 2d 773 - Amend. to Fla. Rules of Appellate Proc. (1996)

94 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 Anders v. California · Gissendanner v. State · Ashley v. State · Chambers v. Florida Public Utilities Co.

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

“"[T]he purposes of requiring a motion to withdraw the guilty plea as a prerequisite to an appeal are obvious. This procedure enables the trial judge to pass on any points raised and establishes a record on which an appellate court may base an informed and reasoned disposition of the appeal. Were it not for this record of the motion hearing, the only evidence of voluntariness in the vast majority of appeals would be the colloquy between the trial judge and the defendant. In most instances, therefore, the appellate court would not have a sufficient basis to render an informed decision on the issue of voluntariness. By requiring the defendant to make a prior motion to withdraw, however, the question of voluntariness will first be put to the trial court which can conduct an evidentiary hearing, and, if necessary, entertain collateral evidence in support of the defendant's position. If a trial court *Page 1325 rules against the defendant on the motion to withdraw, that decision may be challenged upon appeal from the judgment and sentence."”
2 later decisions quote this exact passage
e.g. Gamble v. State · 500 So. 2d 1324 - Willis v. State
“[i]f the record raises issues concerning the voluntary or intelligent character of the plea, that issue should first be presented to the trial court in accordance with the law and standards pertaining to a motion to withdraw the plea.”
2 later decisions quote this exact passage
e.g. In the Interest of S. C. v. State · 388 So. 2d 643 - SC v. State
“... There is an exclusive and limited class of issues which occur contemporaneously with the entry of the plea that may be the proper subject of an appeal. To our knowledge, they would include only the following: (1) the subject matter jurisdiction, (2) the illegality of the sentence, (3) the failure of the government to abide by the plea agreement, and (4) the voluntary and intelligent character of the plea... .”
1 later decision quote this exact passage
e.g. Gamble v. State

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.