414 Pa. Super. 220 - Commonwealth v. Rish’s Empirical Analysis

Citation profile

2 federal appellate · 8 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The present standard for determining whether a defendant before his sentence can withdraw a guilty plea was first articulated in 1973 in the seminal case Commonwealth v. Forbes, swpra [ 450 Pa. 185 , 299 A.2d 268 (1973) ]. A request to withdraw a guilty plea has to meet both prongs of the following two-part test. First, a -withdrawal cannot be granted if to do so would substantially prejudice the prosecution. Commonwealth v. Anthony, 504 Pa. 551, 561 , 475 A.2d 1303, 1308-1309 (1984); Forbes, supra, 450 Pa. at 191 , 299 A.2d at 271 . Second, a withdrawal request made prior to sentencing should be granted for any “fair and just” reason. Anthony, supra, 504 Pa. at 561 , 475 A.2d at 1308-1309 ; Forbes, supra, 450 Pa. at 192 , 299 A.2d at 271 . Although there is no absolute right to withdraw a guilty plea, Commonwealth v. Cole, 387 Pa.Super. 328, 331 , 564 A.2d 203, 204 (1989) (en banc), requests to withdraw guilty pleas prior to sentencing should be “liberally allowed.” Commonwealth v. Shaffer, 498 Pa. 342, 345 , 446 A.2d 591, 593 (1982); quoting Forbes, supra, 450 Pa. at 190 , 299 A.2d at 271 . Commonwealth v. Jackson, 390 Pa.Super. 639, 646 , 569 A.2d 964, 968 (1990). A trial court’s decision as to whether to allow a guilty plea to be withdrawn will not be disturbed absent an abuse of discretion. Commonwealth v. Boatwright, 404 Pa.Super. 75, 82-83 , 590 A.2d 15, 19 (1991); Commonwealth v. Jones, 389 Pa.Super. 159, 162 , 566 A.2d 893, 894 (1989), alloc. denied, 525 Pa. 632 , 57”

   1 later decision quote this exact passage
   e.g. 432 Pa. Super. 619 - Commonwealth v. Miller

2. “[ W]e are in agreement with many of our colleagues who have expressed dissatisfaction with the standard set out in Forbes . The developments in the guilty plea colloquy have successfully fulfilled the policy concerns underlying Forbes . The court in Forbes asserted that the liberal rule for withdrawal of a guilty plea before sentencing is consistent with the efficient administration of justice because it reduces the number of appeals contesting whether the plea was knowing and voluntary. Commonwealth v. Forbes, 450 Pa. 185, 191 , 299 A.2d 268, 271 (1973). However, an extensive colloquy is more effective in conserving judicial resources than the Forbes standard. We agree with Commonwealth v. Turiano, 411 Pa.Super. 391 , 601 A.2d 846, 852 (1992) that a guilty plea colloquy ensures that a criminal defendant understands the significance of the constitutional rights he is waiving. See also Commonwealth v. Jones, 389 Pa.Super. 159, 164 , 566 A.2d 893, 895 (1989), alloc. denied, 525 Pa. 632 , 578 A.2d 926 (1990) (emphasizes importance of colloquy); Commonwealth v. Ortiz, 334 Pa.Super. 117, 121-123 , 482 A.2d 1110, 1111-1113 (1984) (Dissenting Opinion by McEwen, J.) (noting that guilty plea colloquy displayed voluntariness of plea). However, as Forbes is still the law of this Commonwealth, we are constrained to follow it.”

   1 later decision quote this exact passage
   e.g. 419 Pa. Super. 364 - Commonwealth v. Iseley