State v. Nielsen’s Empirical Analysis
1977
Citation profile
29 state decisions
How this case has been cited
Cited by 29 later decisions — most recently June 2018 · most notably State v. Ryan (1991), Lee v. State (1978)
29 state decisions
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 Brady v. United States · McMann v. Richardson · Tollett v. Henderson · Parker v. North Carolina · Ristaino v. Ross
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We are governed in this proceeding to withdraw the guilty plea by certain well recognized principles: (1) on appeal from a denial of a motion to withdraw a guilty plea our review is limited to a determination of whether the ruling of the trial court was clearly erroneous, Young v. State , 438 S.W.2d 280 , 283 (Mo. 1969), State v. Davis , 438 S.W.2d 232 , 234 (Mo. 1969), or there was an abuse of discretion; (2) the burden is on the movant to prove by a preponderance of evidence that the court erred in overruling the motion to withdraw the plea of guilty, cf. Beach v. State , 488 S.W.2d 652 , 656 (Mo. 1972) ; (3) a movant does not have an absolute right to withdraw his plea of guilty whether before or after sentence, State v. Jackson , 514 S.W.2d 638 , 641 (Mo. App. 1974), and may do so only in extraordinary circumstances, Mooney v. State , 433 S.W.2d 542 , 544 (Mo. 1968) ; and (4) if there is evidence that the defendant was misled or induced to plead guilty because of fraud, mistake, misapprehension, fear, persuasion or holding out of hopes which prove to be false or ill-founded, he should be permitted to withdraw his plea since the law favors a trial on the merits, State v. Rose , 440 S.W.2d 441 , 443 (Mo. 1969).”
1 later decision quote this exact passagee.g. State v. Knox“A motion to withdraw a plea of guilty may be made only before sentence is imposed or when imposition of sentence is suspended; but to correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his plea.”
1 later decision quote this exact passagee.g. State v. Ralston
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.