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← 417 NW2D 175 - Kaiser v. State

Kaiser v. State’s Empirical Analysis

1987

Citation profile

29
cited by 29 later decisions
1
states following
March 2025
most recently cited

28 state decisions

How this case has been cited

Cited by 29 later decisions — most recently March 2025 · most notably Falcon v. State (1997), Riemers v. Grand Forks Herald (2004)

28 state decisions

11019871990200020102020decided

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 State v. Jelliff · State v. Jensen · State v. Storbakken · State v. McKay · State v. Gelvin

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

  1. ““First, the court [can] inquire directly of the defendant concerning the performance of the acts which constituted the crime. Secondly, the court [can] allow the defendant to describe to the court in his own words what had occurred and then the court could question the defendant. Thirdly, the court [can] have the prosecutor make an offer of proof concerning the factual basis for the charge.””
    3 later decisions quote this exact passage
  2. “Obtaining a factual basis for the plea serves important purposes. First, it assures that a defendant who seeks to plead guilty is in fact guilty. Persons whose conduct does not fall within the charges brought by a prosecutor should not plead guilty, but unless a factual basis is required, the risk of innocent persons being adjudicated guilty is enhanced. In addition, the finding of a factual basis, when made a matter of record, eliminates post-conviction factfinding proceedings aimed at determining the accuracy of guilty pleas. Finally, the information developed in determining the factual basis is often useful to the court at sentencing. A.B.A. Standards for Criminal Justice, Receiving and Acting Upon a Plea, Section 14-1.6(a), page 14.34.”
    1 later decision quote this exact passage
  3. “The standard for a plea withdrawal differs depending upon when the motion to withdraw the guilty plea is made.... When a court has accepted a plea and imposed sentence, the defendant cannot withdraw the plea unless withdrawal is necessary to correct a manifest injustice. The decision whether a manifest injustice exists for withdrawal of a guilty plea lies within the trial court’s discretion and will not be reversed on appeal except for an abuse of discretion. An abuse of discretion under N.D.R.Crim.P. [11(d) ] occurs when the court’s legal discretion is not exercised in the interest of justice. 2”
    1 later decision quote this exact passage

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.