State v. Reagan’s Empirical Analysis

Citation profile

34 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * when an allegation of prior conviction of petty theft is used to enhance punishment it effectively becomes a ‘serious offense’ which requires that the record of that prior conviction show that defendant was represented by counsel, or advised of his rights to counsel and waived his right to counsel, before it can be used in the subsequent prosecution.” 440 P.2d at 909 .”

   3 later decisions quote this exact passage
   e.g. Rosthenhausler v. State ex rel. Eyman · Smith v. Eyman

2. ““Presuming waiver of counsel from a silent record is not permissible. Burgett v. State of Texas, [ 389 U.S. 109 , 88 S.Ct. 258 , 19 L.Ed.2d 319 ] supra; Carnley v. Cochran, 369 U.S. 506 , 82 S.Ct. 884 , 8 L.E.2d 70 . Therefore, we cannot assume in the instant case that in the prior conviction the defendant had the benefit of counsel or that he had validly waived his right to counsel. “Accordingly, in view of the recent United States Supreme Court decisions, we hold that, nowithstanding any decisions which may appear to be to the contrary, when an allega-ion of prior conviction of petty theft is used to enhance punishment it effectively becomes a- ‘serious offense’ which requires that the record of that prior conviction show that defendant was represented by counsel, or advised of his ' rights to counsel and waived his right to counsel, before it can be used in the subsequent prosecution.””

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

3. “(1) Can a defendant, after the opportunity to appeal a conviction of petty theft has elapsed, collaterally attack its validity when such conviction is alleged as a prior conviction ? (2) Where a prior conviction for petty theft, a misdemeanor, is used in a subsequent criminal proceeding for the purpose of enhancing the punishment to be given for the subsequent offense, and where the defendant, at the time of the prior conviction, was not represented by counsel, then must it be shown that the defendant, at the time of his prior conviction, was advised of his rights to have counsel provided for him and that he waived these rights before the prior conviction may be used to enhance the punishment in the subsequent proceedings?”

   1 later decision quote this exact passage
   e.g. 8 Ariz. App. 508 - State v. Dean