702 So. 2d 876 - State v. Bernard’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the present case, the misunderstanding, if one occurred, appears to be wholly between the defendant and his attorney, whether the attorney involved was either Edmund Reggie, who represented the defendant up until his guilty plea, or Greg Reggie, who represented the defendant at the guilty plea hearing. The defendant maintains that he believed that he was pleading guilty and would receive a specific suspended sentence and be ordered to pay a specific fine. However, the transcript of the guilty plea hearing clearly indicates that the trial court was ordering a Pre-Sen-tence Investigation and that sentencing would be based on that report. There is no indication that either the trial court or district attorney was involved in the misunderstanding/misrepresentation. In the face of this portion of the record, we do not conclude that the defendant’s plea was made any less freely or voluntarily.”

   1 later decision quote this exact passage
   e.g. 772 So. 2d 155 - State v. Moree

2. “In State v. Dupas, 94-1264 (La.App. 3 Cir. 3/6/96) , 670 So.2d 667 , this court held that a defendant has a right to counsel at his sentencing and resentencing. "Unless a defendant has made a knowing and intelligent waiver of his right to counsel, any sentence imposed in the absence of counsel is invalid and must be set aside." Id. at p. 4, at 669, quoting State v. Flowers, 598 So.2d 1144 (La.App. 1 Cir.1992).”

   1 later decision quote this exact passage
   e.g. 980 So. 2d 906 - State v. BS