731 So. 2d 686 - State v. Gitto’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]t is true that plea discussions in which the trial judge is involved have been categorized as “delicate” and that the American Bar Association in its Standards for Criminal Justice Relating to Guilty Pleas has concluded that the trial judge should not participate in such plea discussions until after a tentative plea agreement has been entered into between counsel for the parties. Nevertheless, we refrain from condemning the practice per se since we are confident that the trial judges of this state will take all necessary precautions to assure that defendants’ rights are protected by appropriate safeguards, [footnote omitted].”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Shillingford

2. “the court shall not participate in any [plea bargaining] discussions); W. Va. R.Crim. P. 11(e)(same). Cf. Gitto, 731 So.2d at 692 (disallowing judicial plea bargaining, but distinguishing "the practice of the trial judge expressing general sentencing policies that may help inform a plea agreement between the state and a defendant or which may influence the unilateral decision by defendant to offer a guilty plea,”

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

3. “[T]he trial court’s acceptance of a plea over the prosecutor’s objection is clear error which requires outright reversal of any sentence entered in reliance of such a plea....”

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