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← 840 So. 2d 404 - Smith v. State

840 So. 2d 404 - Smith v. State’s Empirical Analysis

2003

Citation profile

10
cited by 10 later decisions
1
states following
September 2013
most recently cited

10 state decisions

Relationships

Relies on 761 So. 2d 269 - Robinson v. State · 440 So. 2d 628 - Yesnes v. State · 661 So. 2d 282 - State v. Blackwell · 716 So. 2d 827 - Daniels v. State · 789 So. 2d 1132 - Whipple v. State

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. ““The burden is upon a defendant to establish good cause under the rule, and use of the word ‘shall’ indicates that such a showing entitles the defendant to withdraw a plea as a matter of right. Use of the word ‘may,’ however, suggests that the rule also allows, in the discretion of the court, withdrawal of the plea in the interest of justice, upon a lesser showing than good cause. In any event, this rule should be liberally construed in favor of the defendant. The law inclines toward a trial on the merits; and where it appears that the interests of justice would be served, the defendant should be permitted to withdraw his plea. A defendant should be permitted to withdraw a plea ‘if he files a proper motion and proves that the plea was entered under mental weakness, mistake, surprise, misapprehension, fear, promise, or other circumstances affecting his rights’ ” [c.o., e.o.]”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.