Ex Parte Smith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding, on application for writ of habeas corpus, that applicant's guilty plea was involuntary
• holding, on application for writ of habeas corpus, that applicant’s guilty plea was involuntary
• holding that when an admonishment is given, albeit an erroneous one, substantial compliance will be deemed to have occurred, and the burden shifts to the defendant to show that he entered his plea without understanding the consequences of such plea and thus was harmed
• Court holds guilty plea not knowingly and voluntarily entered where applicant would not have pled guilty had he known maximum penalty for offense was one-half of what he was told
• Court holds guilty plea not knowingly and voluntarily entered where applicant would not have pled guilty had he known maximum penalty for offense was one-half of what he was told
• relief granted in case involving “a plea bargain based 39 upon the wrong range of punishment”

Source: CourtListener parenthetical corpus (CC0).

Cited by

46 cases in this archive cite this case; the 20 most cited are listed.

• Jordan v. State
  Court of Criminal Appeals of Texas· 2001-06-27· cited 286×
• Heath v. State
  Court of Criminal Appeals of Texas· 1991-10-23· cited 189×
• Ex Parte Gibauitch
  Court of Criminal Appeals of Texas· 1985-05-01· cited 161×
• Robinson v. State
  Court of Criminal Appeals of Texas· 1987-09-16· cited 150×
• Ex parte Barnaby
  Court of Criminal Appeals of Texas· 2015-11-04· cited 142×
• Ex Parte Evans
  Court of Criminal Appeals of Texas· 1985-05-22· cited 136×
• Fuentes v. State
  Court of Criminal Appeals of Texas· 1985-04-17· cited 90×
• Hughes v. State
  Court of Criminal Appeals of Texas· 1992-06-17· cited 84×
• Vittitoe v. State
  Mississippi Supreme Court· 1990-02-07· cited 78×
• Singleton v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 1999-03-03· cited 48×
• Grays v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1994-10-17· cited 38×
• Myers v. State
  Court of Appeals of Texas· 1989-10-17· cited 31×
• Foster v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 1991-10-02· cited 28×
• Williams v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1989-04-26· cited 25×
• Gomez v. State
  Tex. App. Ct., 13th Dist.· 1996-02-29· cited 23×
• Gonzales v. State
  Tex. App. Ct., 13th Dist.· 1988-02-25· cited 19×
• Morales v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 1992-12-23· cited 19×
• Hurwitz v. State
  Court of Criminal Appeals of Texas· 1985-04-10· cited 18×
• White v. State
  Tex. App. Ct., 12th Dist. (Tyler)· 1995-12-29· cited 17×
• Perryman v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2005-03-16· cited 13×