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← 597 NW2D 785 - State v. Schminkey

State v. Schminkey’s Empirical Analysis

1999

Citation profile

37
cited by 37 later decisions
2
states following
July 2018
most recently cited

3 federal appellate · 34 state decisions

Relationships

Relies on North Carolina v. Alford · United States v. Tunning · State v. Keeler · Taylor v. State · Brainard 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Where a factual basis for a charge does not exist, and trial counsel allows the defendant to plead guilty anyway, counsel has failed to perform an essential duty.”
    8 later decisions quote this exact passage
  2. “it is possible that a factual basis could be shown, it is ... appropriate merely to vacate the sentence and remand for further proceedings to give the State an opportunity to establish a factual basis.”
    2 later decisions quote this exact passage
  3. “Because proof that the defendant acted with the specific purpose of depriving the owner of his property requires a determination of what the defendant was thinking when an act was done, it is seldom capable of being established with direct evidence. Therefore, the facts and circumstances surrounding the act, as well as any reasonable inferences to be drawn from those facts and circumstances, may be relied upon to ascertain the defendant’s intent.”
    1 later decision quote this exact passage

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.