Ex Parte Smith’s Empirical Analysis

Citation profile

31 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It was established there was an improper admonishment as to penalty, and ... there was a plea bargain, a plea bargain based upon the wrong range of punishment. Appellant alleged under oath he would not have entered the plea bargain if he had known the maximum penalty was only one-half of what he was told. * * * * * * “We conclude that applicant was not aware of the consequences of his plea, that he was harmed by the court’s admonishment, and further, under all the circumstances, the guilty plea was not knowingly and voluntarily entered.” (Emphasis added.)”

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

2. “In admonishing the defendant as herein provided, substantial compliance by the court is sufficient, unless the defendant affirmatively shows that he was not aware of the consequences of his plea and that he was misled or harmed by the admonishment of the court.”

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

3. “there can be no question that the admonishment was not proper.”

   1 later decision quote this exact passage
   e.g. Ex Parte Gibauitch