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← 47 N.J. 73 - State v. Herman

State v. Herman’s Empirical Analysis

1966

Citation profile

32
cited by 32 later decisions
2
states following
February 2009
most recently cited

3 federal appellate · 2 district · 27 state decisions

How this case has been cited

Cited by 32 later decisions — most recently February 2009 · most notably State v. Taylor (1979), State v. McQuaid (1997)

3 federal appellate · 2 district · 27 state decisions

10019661970198019902000decided

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 Everett v. United States · State v. Deutsch · Hubbell v. State · Clark v. State · Chadwick v. United States

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. “Although the judge's discretion to vacate a guilty plea is liberally exercised when the defendant's motion, as here, is made before sentencing, in weighing such a motion the possibility of prejudice to the State must be considered. See State v. Deutsch, supra, 34 N.J. at pp. 198, 201, 204, 168 A. 2d 12 . If a defendant represented by counsel were permitted to withdraw a guilty plea which he voluntarily and knowingly entered after his trial had started, as the defendant in this case is trying to do, the efficient and orderly administration of justice would be impeded. Criminal calendars would become increasingly congested and the State's efforts to effectively prosecute lawbreakers would be seriously hampered by the delays. It is a difficult task at best for the State to assemble its witnesses and prepare its case for a trial on a specified date; it is neither fair nor just to compel the State to repeat this procedure as to the same defendant when the first trial is terminated by the defendant's own guilty plea given freely and understandingly.”
    2 later decisions quote this exact passage · from the majority
  2. “In exercising its discretion, the court must weigh the policy considerations which favor the finality of judicial procedures against those which dictate that no man be deprived of his liberty except upon conviction after a fair trial or after the entry of a plea of guilty under circumstances showing that it was made truthfully, voluntarily and understandingly. [State v. Herman, 47 N.J. 73, 76-77 , 219 A.2d 413 (1966).]”
    1 later decision quote this exact passage · from the majority

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.