Austin v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An accused's entitlement to such advise-ments, therefore, flows from his due process right to be sheltered from the consequences of a guilty plea entered on less than an informed judgment and not from the legislative inclusion of it in its codification. The legislature may, as a matter of public policy, require advisements that are not of such dimension, but it could not eliminate the requirements of those essential to an informed judgment, which includes the one omitted by the court that accepted the guilty plea.”

   1 later decision quote this exact passage · from the dissent
   e.g. White v. State

2. “Implicit in this clear language are two logical conclusions. First, failure to inform the defendant of any of the rights enumerated in the guilty plea statute results in an invalid waiver of rights. And second, all of the items included in the guilty plea statute are of equal weight. All are of "constitutional dimension."”

   1 later decision quote this exact passage · from the dissent
   e.g. White v. State

3. “Ind.Code § 35-85-1-2(a) and (b) merely codified certain specific advise-ments, a knowledge of which is essential to an informed judgment, without which a waiver may not be said to be voluntary.”

   1 later decision quote this exact passage · from the dissent
   e.g. White v. State