Congo v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Under Ex parte Yarber , . . ., a defendant who has negotiated a plea bargain with the State is not automatically entitled to a judgment based upon that agreement. He does have the right to have it submitted to the trial court for that court's consideration. The trial court is not bound to accept the agreement. The power of the trial court to so decide carries with it the power to determine whether or not such an agreement exists between the State and the defendant. ". . . The alleged [plea bargain] agreement [in this case] was informal and unwritten. Yarber recognizes the custom that produces such unwritten plea bargains, but also acknowledges that such agreements may be written as well as oral. While the informal and unwritten negotiations do not lose their vitality if it is proved that they ripen into an agreement, that very informality increases the risk that such negotiations will be found not to have resulted in an agreement." Id. at 897. (Emphasis added.)”

   3 later decisions quote this exact passage
   e.g. Fuller v. State · Smith v. State

2. “. . . The alleged [plea bargain] agreement [in this case] was informal and unwritten. Yarber recognizes the custom that produces such unwritten plea bargains, but also acknowledges that such agreements may be written as well as oral. While the informal and unwritten negotiations do not lose their vitality if it is proved that they ripen into an agreement, that very informality increases the risk that such negotiations will be found not to have resulted in an agreement.”

   2 later decisions quote this exact passage
   e.g. Fuller v. State · 561 So. 2d 1123 - Madison v. State

3. “[s]ince Yarber , if the prosecution and the defendant have reached an agreement, such agreement must be submitted to the trial judge”

   1 later decision quote this exact passage
   e.g. Prim v. State