734 So. 2d 144 - State v. Pertuit’s Empirical Analysis
1999
Citation profile
11 state decisions
How this case has been cited
Cited by 11 later decisions — most recently October 2015
11 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Boykin v. Alabama · 454 So. 2d 93 - State v. Nuccio · 404 So. 2d 1192 - State v. Jones · 708 So. 2d 401 - State v. Byrd · 419 So. 2d 1227 - State v. Bland
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the present case, the issues raised by the defendant in the motion to quash do not go to the merits of the case, but rather focus on the constitutional validity of the defendant's prior DWI conviction. Thus, we find that a motion to quash was, in fact, the correct procedural vehicle by which to raise these issues.”
2 later decisions quote this exact passage“While it is preferable for the trial judge to conduct a colloquy to ascertain the validity of the plea, such a colloquy may not be indispensable, as long as the record contains some other affirmative showing to support the plea. It is the state’s burden to show that the defendant knowingly and expressly waived his Boykin1 rights when entering his guilty plea. State v. Santiago, 416 So.2d 524 (La.1982). To meet this requirement, the state may rely on a contemporaneous record of the' guilty plea proceeding, i.e., either the transcript or the. minute entry. State v. Bland, 419 So.2d 1227 (La.1982). However, a guilty plea-rights waiver .form, even if well-executed in every detail, without minutes or a transcript of the plea is not sufficient to show a knowing and voluntary waiver of Boykin rights. State v. Delanoix, 92-1705 (La.App. 1 Cir. 8/9/93) , 637 So.2d 515 ; State v. Dejean, supra [ 94-459 (La.App. 5 Cir. 11/28/95) , 694 So.2d 284 ]. In light of these principles, we must now determine whether the state presented sufficient evidence- in the trial court to support a finding that the defendant knowingly waived his rights when he pled guilty on March 4, 1093. ■ At the hearing on the motion to quash, both the. state and the defense referred to the memoranda that they had filed. In connection -with.- his motion to quash and the memorandum in support thereof, the defendant introduced the transcript of the March 4,. 1993 guilty plea which clearly shows that the trial court did not”
1 later decision quote this exact passage“[a]ll pleas or defenses raised before trial, other than mental incapacity to proceed, or pleas of `not guilty' and of `not guilty and not guilty by reason of insanity,' shall be urged by a motion to quash.”
1 later decision quote this exact passagee.g. State v. Dean
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.