Williams v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . where there is no showing that a defendant was prejudiced or injured by the failure of the trial court to fully comply with Article 26.13, supra, and where no objection is made to such failure at the time the plea is accepted or by motion for new trial, that failure to fully comply will not constitute reversible error on appeal.””

   2 later decisions quote this exact passage
   e.g. Jamail v. State · Walker v. State

2. “"THE COURT: . . . You are present in court on these two matters with attorney, Mr. Ray Schindler. Is Mr. Schindler of choice? "MR. GUSTER: Yes, Sir. "THE COURT: Have you discussed both of these cases fully and thoroughly with him? "MR. GUSTER: Yes, Sir. "* * * "THE COURT: Have you [Mr. Schindler] discussed both of these cases fully and thoroughly with him [appellant]? "MR. SCHINDLER: Yes, Sir. "THE COURT: Are you personally satisfied he understands each of the indictments and the result of whatever plea he might enter to them? "MR. SCHINDLER: Yes, Sir. "THE COURT: Do you believe the Defendant, Embry Lloyd Guster, to be of sound mind? "MR. SCHINDLER: Yes, Sir. "THE COURT: . . . How do you plead to this indictment charging you with burglary with the intent to commit theft? "MR. GUSTER: Guilty. "THE COURT: Are you pleading guilty because you are guilty and not for some other reason? "MR. GUSTER: Yes, Sir, because I am guilty. "THE COURT: Now, in connection with this case, has any threat been made to you to cause you to enter this plea of guilty? "MR. GUSTER: No, Sir. "THE COURT: Has any promise been given to you, other than the recommendation that the lawyers are going to make to the court concerning this matter as a result of their plea bargaining negotiation process? "MR. GUSTER: No, Sir. "* * * "THE COURT: Now, I must caution you that the punishment for the felony offense of burglary with intent to commit theft can be confinement in the Department of Corrections for not less ”

   1 later decision quote this exact passage
   e.g. Guster v. State

3. “"The court should not accept a plea of guilty or nolo contendere without first determining that the plea is voluntary. By inquiry of the prosecuting attorney and defense counsel, the court should determine whether the tendered plea is the result of prior plea discussions and a plea agreement, and, if it is, what agreement has been reached. If the prosecuting attorney has agreed to seek charge or sentence concessions which must be approved by the court, the court must advise the defendant personally that the recommendations of the prosecuting attorney are not binding on the court. The court should then address the defendant personally and determine whether other promises or any force or threats were used to obtain the plea."”

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