Hanson v. Passer’s Empirical Analysis

Citation profile

8 federal appellate · 7 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Minnesota Rule of Criminal Procedure 5.02(5) recognizes that one who can pay part but not all of the cost of his defense cannot be denied appointment of counsel. “The ability to pay part of the cost of adequate representation at any time while the charges are pending against a defendant shall not preclude the appointment of counsel for the defendant.” Id.. See also Minn.Stat. § 611.18 (1986) (“If it appears to a court that a person requesting an appointment of counsel satisfies the requirements of this chapter the court shall order the appropriate public defender to represent the person at all further stages of the proceeding * * *”). “A defendant is financially unable to obtain counsel if financially unable to obtain adequate representation without substantial hardship for the defendant or the defendant’s family.” Minn.R.Crim.P. 5.02(3).”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Ferris

2. “Certainly, when court-appointed counsel is provided, it is constitutionally permissible to require the defendant to repay the expense incurred by the state in providing the representation if the defendant later becomes able to repay, so long as “[tjhose who remain indigent or for whom repayment would work ‘manifest hardship’ are forever exempt from any obligation to repay.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Cunningham

3. “A criminal defendant who can afford to contribute some amount to the expense of his defense but who cannot afford to hire counsel because his own resources are inadequate either to pay a retainer or to assure private counsel of full payment is functionally akin to an indigent defendant and equally entitled to court-appointed counsel.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Owen