963 So. 2d 693 - Waters v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““‘“[I]f there is a plea agreement between a defendant and the State and a breach thereof which is made known to the trial court, and if the trial court does not sentence the defendant pursuant to the terms of the plea agreement (or as alleged in the instant case, that the State makes a sentence recommendation contrary to the plea agreement), then the defendant must be given an opportunity, upon proper, timely, and specific motion, to withdraw his guilty plea. At that point, the trial court must review the circumstances surrounding the making of the plea agreement and determine whether ... a breach occurred. Further, it must decide if the guilty plea rested in any significant degree upon the agreement of the State, so that such can be said to be part of the inducement or consideration and, thus, must be fulfilled. The trial court may hold a hearing and receive testimony to determine the above. Once it makes its findings, the trial court then determines the appropriate remedy, if any. Santo-bello v. New York, 404 U.S. 257 [ 92 S.Ct. 495 , 30 L.Edüd 427] ... (1971); See [Ex parie ] Yarber [, 437 So.2d 1330 (Ala.1983) ].” “ ‘Orr v. State, 435 So.2d 182, 184 (Ala.Crira.App.1983). See also Ex parte Otinger, 493 So.2d 1362 (Ala. 1986); Blackwell v. State, 556 So.2d 1091 (Ala.Crim.App.1988); English v. State, 56 AlaApp. 704, 325 So.2d 211 (Ala.Crim.App.1975), cert, denied, 295 Ala. 401 , 325 So.2d 216 (1976).’ “In this case, the trial court informed the appellant that he could withdr”

   1 later decision quote this exact passage
   e.g. 12 So. 3d 728 - Andrews v. State

2. ““(b) Disclosure of Plea Agreement. If a plea agreement has been reached by the parties, the court shall require the disclosure of the agreement in open court prior to the time a plea is offered. Thereupon, the court may accept or reject the agreement or may defer its decision as to acceptance or rejection until receipt of a presentence report. “(c) Acceptance or Rejection of Plea Agreements. [[Image here]] “(2) If the court rejects the plea agreement, the court shall: “(i) So inform the parties; “(ii) Advise the defendant and the prosecutor personally in open court that the court is not bound by the plea agreement; “(iii) Advise the defendant that if the defendant pleads guilty, the disposition of the case may be either more or less favorable to the defendant than that contemplated by the plea agreement; “(iv) Afford the defendant the opportunity to withdraw the defendant’s offer to plead guilty; “(v) Afford the prosecutor the opportunity to change his recommendations; and “(vi) Afford the parties the opportunity to submit further plea agreements.””

   1 later decision quote this exact passage
   e.g. 12 So. 3d 728 - Andrews v. State