Brasington 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. “3. Voluntariness. Before the trial judge may accept a plea of guilty, the court must determine that the plea is voluntarily and intelligently made and that there is a factual basis for the plea. A plea of guilty is not voluntary if induced by fear, violence, deception, or improper inducements. A showing that the plea of guilty was voluntarily and intelligently made must appear in the record. 4. Advice to the Defendant. When the defendant is arraigned and wishes to plead guilty to the offense charged, it is the duty of the trial court to address the defendant personally and to inquire and determine: a. That the accused is competent to understand the nature of the charge; b. That the accused understands the nature and consequences of the plea, and the maximum and minimum penalties provided by law; c. That the accused understands that by pleading guilty (s)he waives his/her constitutional rights of trial by jury, the right to confront and cross-examine adverse witnesses, and the right against self-incrimination; if the accused is not represented by an attorney, that (s)he is aware of his/her right to an attorney at every stage of the proceeding and that one will be appointed to represent him/her if (s)he is indigent.”

   1 later decision quote this exact passage
   e.g. 885 So. 2d 83 - Jones v. State

2. “[a] lawyer's 'persuading' a defendant to plead guilty by 'every means at his disposal' does not render the plea involuntary if that persuasion does not result from fear, violence, deception, or improper inducements.”

   1 later decision quote this exact passage
   e.g. Julius Scott Turner v. State of Mississippi

3. “[s]olemn declarations in open court carry a strong presumption of verity.”

   1 later decision quote this exact passage
   e.g. 883 So. 2d 1197 - Thomas v. State