Joe v. State’s Empirical Analysis
1977
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently February 2010
10 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
Applies 28 U.S.C. § 753
Relies on Boykin v. Alabama · McCarthy v. United States · Carnley v. Cochran · Lewis v. State · Joe v. State
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(d) Plea Withdrawal. (1) The court shall allow the defendant to withdraw his plea of guilty or nolo conten-dere whenever the defendant, upon a timely motion for withdrawal, proves that withdrawal is necessary to correct manifest injustice. (ii) Withdrawal is necessary to correct a manifest injustice whenever the defendant demonstrates that: (aa) He was denied the effective assistance of counsel guaranteed to him by constitution, statute or rule, (cc) The plea was involuntary, or was entered without knowledge of the charge or that the sentence actually imposed could be imposed, (iii) The defendant may move for withdrawal of his plea without alleging he is innocent of the charge to which the plea has been entered. (2) Once the plea has been accepted by the court and absent a showing that withdrawal is necessary to correct a manifest injustice, a defendant may not withdraw his plea of guilty or nolo contendere as a matter of right. Before sentence, the court may in its discretion allow the defendant to withdraw his plea for any fair and just reason unless the prosecution has been substantially prejudiced by reliance upon the defendant’s plea.”
1 later decision quote this exact passagee.g. Fulton v. State““We held [in Carnley v. Cochran, 369 U.S. 506, 516 , 82 S.Ct. 884 , 8 L.Ed.2d 70 (1962)]: ‘Presuming waiver [of the right to counsel] from a silent record is impermissible. The record must show, or there must be an allegation and evidence which show, that an accused was offered counsel but intelligently and understandingly rejected the offer. Anything less is not a waiver.’ We think that the same standard must be applied to determining whether a guilty plea is voluntarily made. For as we have said, a plea of guilty is more than an admission of conduct; it is a conviction.” (emphasis added; footnote omitted)”
1 later decision quote this exact passage“The court shall not accept a plea of guilty or nolo contendere without first, by addressing the defendant personally in open court, determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement. The court shall also inquire of the prosecuting attorney, defense counsel and the defendant himself to determine whether the defendant’s willingness to plead guilty or nolo contendere results from prior discussions between the attorney for the state and the defendant or his attorney.”
1 later decision quote this exact passagee.g. Fulton v. State
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.