387 Pa. Super. 328 - Commonwealth v. Cole’s Empirical Analysis
1989
Citation profile
55 state decisions
How this case has been cited
Cited by 55 later decisions — most recently August 2017 · most notably 399 Pa. Super. 108 - Commonwealth v. Mobley (1990), 403 Pa. Super. 467 - Commonwealth v. McClendon (1991)
55 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 Commonwealth v. Jackson · Commonwealth v. Forbes · Commonwealth v. Tate · Thetford v. United States · Commonwealth v. Willis
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the defendant understood the nature of the charge to which he is pleading guilty; (2) there is a factual basis for the plea; (3) the defendant understands that he has a right to a jury trial; (4) the defendant understands that he is presumed innocent until he is found guilty; (5) the defendant is aware as to the permissible range of sentences; and (6) the defendant is aware that the judge is not bound by the terms of any plea agreement unless he accepts such agreement.”
9 later decisions quote this exact passage · from the concurrence“[t]he Superior Court has followed Forbes and has held that an assertion of innocence may constitute a fair and just reason for the pre-sentence withdrawal of a guilty plea. See: Commonwealth v. Ortiz, 334 Pa.Super. 117 , 482 A.2d 1110 (1984); Commonwealth v. Kay, 330 Pa.Super. 89 , 478 A.2d 1366 (1984), cert. denied, 471 U.S. 1010 , 105 S.Ct. 2009 , 85 L.Ed.2d 293 (1985); Commonwealth v. Whittall, 304 Pa.Super. 258 , 450 A.2d 669 (1982); Commonwealth v. Boofer, 248 Pa.Super. 431 , 375 A.2d 173 (1977). Indeed, where a defendant has asserted his innocence and the Commonwealth has been unable to show substantial prejudice, it has been held to be an abuse of discretion for a trial court to deny a pre-sentence petition for withdrawal of a guilty plea. See: Commonwealth v. Woods, 452 Pa. 546, 307 A.2d 880 (1973); Commonwealth v. Forbes, supra; Commonwealth v. Ortiz, supra; Commonwealth v. Boofer, supra.”
1 later decision quote this exact passage · from the concurrence“Rule 321. Challenge to Guilty Plea (a) A motion challenging the validity of a guilty plea, or the denial of a motion to withdraw a guilty plea shall be in writing and shall be filed with the trial court within ten (10) days after imposition of sentence. (b) The motion shall be disposed of promptly. (c) The trial court may schedule a hearing on the motion and shall determine whether the motion shall be argued before one judge alone or before a panel of judges sitting as a court en banc. Whenever a single judge hears the motion alone, the judge may make any ruling that could be made by a court en banc.”
1 later decision quote this exact passage · from the concurrence
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.