Plaster v. United States’s Empirical Analysis

Citation profile

17 federal appellate · 3 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It is well settled that a plea of guilty which is induced or procured by promises or threats can not be upheld. It is not a voluntary plea. Machibroda v. United States, 368 U.S. 487 , 82 S.Ct. 510 , 7 L.Ed.2d 473 (1962). This case does not present a situation remotely resembling the Machibroda case. It is just the opposite. "It is not necessary in every case to have an evidentiary hearing on a motion filed under § 2255. Barrett v. United States (5 Cir.1962) 302 F.2d 151 ; Anderson v. United States (5 Cir.1963) 318 F.2d 815 ; Olive v. United States (6 Cir.1964) 327 F.2d 646 ; Norman v. United States (3 Cir.1966) 368 F.2d 645 . The record emphatically shows that the contentions which the appellant now makes are completely without substance. While it is generally necessary to hold a hearing in order to dispose of factual issues raised by motions under § 2255, that requirement is subject to the qualification set out in the statute to the effect that the files and records of the case may be sufficient to authorize a disposition of the motion without such a hearing. In this case `the files and records of the case conclusively show that the prisoner is entitled to no relief', because the record is clearly convincing that the appellant was well informed and fully understood the nature of the charges against him, the possible penalty to be imposed, and that his plea of guilty was made voluntarily and with a clear understanding of its consequences. * * *"”

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