Osborn v. State’s Empirical Analysis

Citation profile

2 federal appellate · 13 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(b) Advice to Defendant. —* * * [Before accepting a plea of guilty or nolo contendere to a felony or to a misdemean- or 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. * * * ⅜ ⅜ ⅜ ⅜: ⅜ ⅜ (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; (3) 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 the testimony of other witnesses, and the right against compelled sel”

   1 later decision quote this exact passage · from the dissent
   e.g. McCarty v. State

2. “with federal court reversal and direction to permit withdrawal of the guilty plea ... the slate was wiped clean so that Osborn could defend all charges and the State could pursue conviction on whatever crimes and penalties the evidence might sustain.”

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

3. “There is no agreement as to whether the time will be concurrent or consecutive.”

   1 later decision quote this exact passage · from the dissent
   e.g. Osborn v. State