61 Wis. 2d 297 - State v. Bagnall’s Empirical Analysis

Citation profile

42 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The basic issue is whether the granting of a motion to withdraw a guilty plea is in its nature a final order appealable by the state under sec. 974.05(1) (a), Stats. Jeopardy is waived by the entry of a motion to withdraw a guilty plea and the order is certainly adverse to the state. The only debatable element is whether such an order has the requisite finality. “While it is generally true that to be final an order must dispose of the whole matter in litigation, it is also true that an order is appealable where even though it does not dispose of the entire subject matter in litigation it does terminate a particular proceeding or action. The order here terminates the guilty plea proceeding which is separate enough from the trial which may result to warrant being held a final order and therefore appealable under sec. 974.05(1) (a), Stats.” (Notes omitted.)”

   2 later decisions quote this exact passage
   e.g. 94 Wis. 2d 74 - State v. Jenich · 74 Wis. 2d 317 - State v. Antes

2. ““A difference in the date of the crime between the complaint and the information (the information containing the correct date) has been held to be a matter of form and nonprejudicial under this statute. In State ex rel. Wenzlaff v. Burke [ 250 Wis. 525 , 27 N.W.2d 475 (1947), the Wisconsin Supreme Court] was faced with a challenge to the sufficiency of an information charging attempted rape. The information charged the defendant with assaulting a female and did not name any particular victim. The court agreed that an information must contain circumstances necessary to an exact description of the offense as defined by the statute creating it, but that a defect which does not go by the substance of the offense does not vitiate the information. ‘. An information or indictment has been held sufficient after verdict even though it failed to allege the name of the person collaterally involved in the offense. [Cases omitted.] ... A plea of guilty has the same effect as a verdict of guilty with regard to defective averments of an information or indictment.... ’ [Id. at 532, 27 N.W.2d 475 .] The court concluded that the defect in Wenzlaff was one of form only. If failure to name the victim is a non-jurisdictional defect of form only, certainly a mistake in the naming of the correct victim is also one of form only and if not prejudicial to the defendant such a defect does not invalidate the information or any proceedings based thereon by virtue of sec. 971.26, Stats.” Id. at 30, 27 N.W”

   1 later decision quote this exact passage
   e.g. Byrd v. Israel

3. ““. . . A guilty plea proceeding ‘demands the utmost solicitude of which courts are capable in canvassing the matter with the accused to make sure he has a full understanding of what the plea connotes and of its consequences.’ In Ernst v. State this court enumerated those things which a court must determine before it may properly accept a plea of guilty. However, this court has consistently held that while the Boykin [Boykin v. Alabama (1969), 395 U. S. 238, 243, 244 , 89 Sup. Ct. 1709, 23 L. Ed. 2d 274 ] and Ernst cases have imposed a rigid burden on trial courts to create a record showing the defendant’s understanding of the nature of the charge, “ ‘. . . they have not established mandatory or inflexible guidelines as to the form or nature of the inquiry that must be made. . . . The mandate as to the end result which the trial court must achieve is clear, but the precise means by which it does so have been left largely to its own discretion.’ “As this court recently stated, ‘It is not the litany to be recited that is most important. It is rather that the record make clear that the plea of guilty was voluntarily and understanding^ entered.’ . . .””

   1 later decision quote this exact passage
   e.g. 70 Wis. 2d 368 - Melby v. State