State v. Smith’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In order for defendant's guilty plea to be valid and in compliance with rule 11(e)(5) of the Utah Rules of Criminal Procedure and State v. Gibbons, the record must show that he was unequi-vocably and clearly informed about the sentence that would be imposed. Such evidence does not exist either in the affidavit regarding the plea bargain or in the transcript of the guilty plea. Thus, rule 11(e) and State v. Gibbons require the vacating of defendant’s guilty plea on the ground that it was not knowingly and voluntarily made." Id. at 466 (emphasis added).”

   4 later decisions quote this exact passage
   e.g. State v. Pharris · State v. Trujillo-Martinez

2. “A sufficient affidavit is one which is signed by the defendant, his attorney, the prosecutor, and the trial judge and which lists the names and the degrees of the crimes charged. The affidavit should contain both a statement of the elements of the offenses and a synopsis of the defendant’s acts that establish the elements of the crimes charged. The affidavit should clearly state the allowable punishment for the crimes charged and should note that multiple punishments for multiple crimes may be imposed consecutively. The affidavit should list individually and specifically the rights waived by the entry of the guilty plea. The details of any plea bargain should be set forth in the affidavit, as well as a disclaimer concerning any sentencing recommendations as required by Rule 11(e). Finally, the affidavit should disclose the defendant’s ability to read and understand the English language, the absence of promises to induce the plea, and the defendant’s competency. The trial judge should then review the statements in the affidavit with the defendant, question the defendant concerning his understanding of it, and fulfill the other requirements imposed by [Rule 11(e) ] on the record before accepting the guilty plea. If a court does not use an affidavit, the requirements set forth above and in [Rule 11(e)] must still be followed and be on the record.”

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

3. “The court may refuse to accept a plea of guilty or no contest, and may not accept the plea until the court has found: (a) if the defendant is not represented by counsel, he has knowingly waived his right to counsel and does not desire counsel; (b) the plea is voluntarily made; (c) the defendant knows he has rights against compulsory self-incrimination, to a jury trial, and to confront and cross-examine in open court the witnesses against him, and that by entering the plea he waives all of those rights; (d) the defendant understands the nature and elements of the offense to which he is entering the plea; that upon trial the prosecution would have the burden of proving each of those elements beyond a reasonable doubt; and that the plea is an admission of all those elements; (e) the defendant knows the minimum and maximum sentence that may be imposed upon him for each offense to which a plea is entered, including the possibility of the imposition of. consecutive sentences; (f) if the tendered plea is a result of a prior plea discussion and plea agreement, and if so, what agreement has been reached; and (g) the defendant has been advised of the time limits for filing any motion to withdraw a plea of guilty or no contest.”

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