Moore v. Hinton’s Empirical Analysis

Citation profile

20 federal appellate · 10 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a defendant need not be informed, before pleading guilty to a charge of driving while intoxicated, that as a collateral consequence of his conviction, his driver's license will be suspended,”

   3 later decisions quote this exact passage · from the majority
   e.g. Stoltz v. State · Landry v. Hoepfner

2. “Numerous cases establish that defendants need not be informed of such collateral consequences in order to voluntarily and intelligently plead guilty. In Meaton v. United States, 828 F.2d 379 (5th Cir. 1964) [cert. denied 380 U.S. 916 (1965)] for example, this court rejected the contention that appellant should be allowed to withdraw his guilty plea to a mail fraud charge because he had not been informed that, as a convicted felon, he would automatically forfeit his rights to vote and to travel abroad. In Wadley v. Davis, 445 F.2d 1, 3 (5th Cir. 1971) this court held that appellants were not entitled, before pleading guilty to a crime of “moral turpitude,” to be informed that if they did so plead, they would automatically be struck from the local voting rolls; “[T]he loss of franchise is a result of the conviction, not the plea.” Cf. Trujillo v. United States, 377 F.2d 266 (5th Cir. 1967) (defendant need not be informed before pleading guilty, that he will not be eligible for parole under the mandatory sentence to be imposed) (cert. denied 389 U.S. 899 (1967)]. Courts have also held that defendants are not entitled to be informed that a likely consequence of a guilty plea is deportation, United States v. Parrino, 212 F.2d 919 (2nd Cir. 1954) (cert. denied 348 U.S. 840 (1954)] or an undesirable discharge from the armed forces, Redwine v. Zuckert, 115 U.S. App. D.C. 130 , 317 F.2d 336 (1963).”

   2 later decisions quote this exact passage · from the majority
   e.g. 120 Wis. 2d 150 - State v. Madison · Johnson v. Dees

3. “Of crucial importance here, however, is the fact that the Alabama Department of Public Safety, not the court, deprives the defendant of his license, acting under authority of 36 Ala.Code § 68. The court merely accepts the defendant's plea, and sentences him to a fine and/or imprisonment. The Department of Public Safety then institutes a separate proceeding for suspension of his license; this suspension is not, therefore, punishment imposed by the court as a result of the guilty plea, but a collateral consequence of the defendant's conviction.”

   1 later decision quote this exact passage · from the majority
   e.g. Stoltz v. State