United States v. Tabory’s Empirical Analysis

Citation profile

25 federal appellate · 2 district · 4 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Before sentence, a trial court may allow withdrawal of a plea of guilty for any fair and just reason. Kercheval v. United States, 274 U.S. 220 , 224, 47 S.Ct. 582 , 71 L.Ed. 1009 (1927). We have said that leave to withdraw before sentencing normally should be allowed. United States v. McGirr, 434 F.2d 844 , 847 (4th Cir. 1970); United States v. Roland, 318 F.2d 406 , 409 (4th Cir. 1963) (dictum). But this dispensation should not be as freely granted when the government has been prejudiced by reliance on the defendant’s guilty plea. United States v. Stayton, 408 F.2d 559 , 561 (3d Cir. 1969); see 2 C. Wright, Federal Practice and Procedure § 538 (1969). Then the trial court must weigh the defendant’s reasons for seeking to withdraw his plea against the prejudice which the government will suffer. On appeal, the court’s denial of the motion will be overturned only for abuse of discretion. United States v. Ford, 363 F.2d 375 , 377 (4th Cir. 1966); United States v. Guerini, 296 F.2d 33 , 34 (4th Cir. 1961).” (Footnote omitted).”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Truglio

2. “The nature of the inquiry required by Rule 11 must necessarily vary from case to case, and, therefore, we do not establish any general guidelines other than those expressed in the Rule itself.”

   1 later decision quote this exact passage · from the majority
   e.g. David McChesney v. C. Murray Henderson, Warden, Louisiana State Penitentiary