Smallwood v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(b) Advice to Defendant.-Exeept for forfeitures on citations (Rule 3.1) and pleas entered under Rule 43(c)(2), before accepting a plea of guilty or nolo conten-dere to a felony or to a misdemeanor when the defendant is not represented by counsel, the court must address the defendant personally in open court and, unless the defendant has been previously advised by the court on the record and in the presence of counsel, inform the defendant of, and determine that the defendant understands, the following: (1) The nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law and other sanctions which could attend a conviction including, when applicable, the general nature of any mandatory assessments (such as the surcharge for the Crime Victim Compensation Account), discretionary assessments (costs, attorney fees, restitution, etc.) and, in controlled substance offenses, the potential loss of entitlement to federal benefits.... * * * (2) The defendant has the right to be represented by an attorney at every stage of the proceeding and, if necessary, one will be appointed to represent the defendant; (8) The defendant has the right to plead not guilty or to persist in that plea if it has already been made, the right to be tried by a jury and at that trial the right to the assistance of counsel, the right to confront and cross-examine adverse witnesses, the right to court process to obtain th”

   3 later decisions quote this exact passage
   e.g. Osborn v. State · Carson v. State

2. “Paul Douglas Smallwood, being first duly sworn upon his oath, states as follows: 1. I am the Defendant in the matter of the State of Wyoming vs. Paul Douglas Smallwood, Criminal File No. 936, Crook County, Wyoming. 2. On April 17, 1987, pursuant to a plea agreement, I pled guilty to one (1) count of felony child abuse in violation of W.S. § 6-2-503(a) and one (1) count of simple battery in violation of W.S. § 6-2-501, and the State dismissed the remaining three (3) counts charged in the Information herein. My pleas were entered before the Honorable Timothy J. Judson. 3. On June 17, 1987, the Honorable Timothy J. Judson sentenced me to not less than four (4) years nor more than five (5) years in the Wyoming State Penitentiary on the felony child abuse charge, and six (6) months in the Crook County Jail on the simple assault charge; the six (6) month jail sentence to run concurrently with the four (4) to five (5) year penitentiary sentence. The Honorable Timothy J. Judson did not advise me of the maximum possible penalties for the crimes to which I pled guilty. 4. I appealed my case to the Wyoming Supreme Court on the grounds that: (1) my guilty pleas were accepted in contravention of W.R.Cr.P. Rule 15(c); and (2) the Honorable Timothy J. Judson abused his discretion in sentencing me to the four (4) to five (5) year term in the penitentiary to run concurrent with the six (6) month jail term. The Supreme Court reversed and remanded my case based on the failure of the Honorable T”

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

3. “... obviously a `heavy hit', in sentencing parlance”

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