Winford v. State’s Empirical Analysis

Citation profile

3 federal appellate · 25 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘An application to withdraw a plea of guilty made after sentence is an attack on the validity of that sentence within the meaning of Rule 27.26, as amended and effective September 1,1967. If it be found on the hearing on the motion to vacate the sentence, notwithstanding the insufficiency of the record at the time the plea was accepted, that the plea of guilty was in fact voluntary and was made with an understanding of the nature of the charge, then no manifest injustice could have resulted.’ State v. Sayre, Mo.Sup., 420 S.W.2d 303, 304, 305 . See also the more recent cases of Schuler v. State, Mo.Sup., 476 S.W.2d 596 ; Peterson v. State, Mo.Sup., 476 S.W.2d 608 , and Tyler v. State, Mo.Sup., 476 S.W.2d 611 .”

   2 later decisions quote this exact passage
   e.g. McKnight v. State · Samuels v. State

2. “The only evidence to support Point 6, raised in petitioner's motion, is his testimony at the evidentiary hearing that he was misled in entering a plea of guilty to the charge of murder, second degree, on the assumption that he would receive a penalty of ten years. There is contradictory evidence from his appointed counsel to the effect that he advised petitioner that he would make an effort to have the murder, first degree, charge reduced to murder, second degree, and that the punishment for murder, second, was ten years minimum to life imprisonment in the State Penitentiary. Counsel for petitioner was successful in persuading the prosecuting officials to reduce the charge, but was unsuccessful in obtaining a recommendation of ten years. Therefore, this point is ruled against the petitioner because the Court is convinced that there is no doubt that the court-appointed attorney, John Chancellor, was telling the truth when he testified at the evidentiary hearing.”

   1 later decision quote this exact passage
   e.g. Merle Ray Winford v. Harold R. Swenson

3. “* * * (T)he information or evidence given in the hearing with reference to physical punishment inflicted by the Police Department may have warranted such an attack upon the confession, but the Court finds beyond a reasonable doubt that no such information was furnished to petitioner's appointed counsel as to any 'third degree' or brutal punishment by members of the Police Department.”

   1 later decision quote this exact passage
   e.g. Merle Ray Winford v. Harold R. Swenson