Monroe v. State’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. “In seeking to withdraw a plea, the burden is on the defendant to establish a “fair and just” reason for withdrawal. Wahl v. State, 691 P.2d 1048, 1051 (Alaska App.1984). The decision of whether to grant the withdrawal is within the trial court’s discretion, but presentence requests for withdrawal should be liberally granted. Id.; Travelstead v. State, 689 P.2d 494, 497 (Alaska App.1984). The trial court’s ruling will only be reversed when the court, abuses its discretion. Ningealook v. State, 691 P.2d 1053, 1055-56 (Alaska App.1984). The trial court must consider the totality of the circumstances surrounding the defendant’s request. “The defendant’s reason for seeking withdrawal must be evaluated against the delay preceding the request, the extent of prejudice to the prosecution, and the likelihood that the defendant is attempting to manipulate the system to obtain an unfair advantage.” McClain v. State, 742 P.2d 269 (Alaska App.1987) (citing Wahl, 691 P.2d at 1051 ). Although presentence requests- to withdraw a plea should be liberally granted, the defendant must nevertheless present a fair and just reason for withdrawal. The court may deny a request for withdrawal in the absence of such a reason even if the state would not suffer prejudice if the case went to trial. McClain, 742 P.2d at 271-72 .”

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

2. “Once the plea has been accepted by the court and absent a showing that withdrawal is necessary to correct a manifest injustice, a defendant may not withdraw a plea of guilty or nolo contendere as a matter of right. Before sentence, the court in its discretion may allow the defendant to withdraw a plea for any fair and just reason unless the prosecution has been substantially prejudiced by reliance upon the defendant’s plea.”

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

3. “does not encompass the right to reject appointed counsel and have new counsel appointed in the absence of any showing of cause for such change. The due process clauses of the state and federal constitutions do not guarantee a “meaningful relationship” between client and his appointed counsel.”

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