State v. Fulp’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) A defendant has the right to suppress the use of a prior conviction that was obtained in violation of his right to counsel if its use by the State is to impeach the defendant or if its use will: (1) Increase the degree of crime of which the defendant would be guilty; or (2) Result in a sentence of imprisonment that otherwise would not be imposed; or (3) Result in a lengthened sentence of imprisonment. (c) When a defendant has moved to suppress use of a prior conviction under the terms of subsection (a), he has the burden of proving by the preponderance of the evidence that the conviction was obtained in violation of his right to counsel. To prevail, he must prove that at the time of the conviction he was indigent, had no counsel, and had not waived his right to counsel. If the defendant proves that a prior conviction was obtained in violation of his right to counsel, the judge must suppress use of the conviction at trial or in any other proceeding if its use will contravene the provisions of subsection (a).”

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

2. “2. The defendant swore before [a] Deputy Clerk of Superior Court. . . that: a. He had been fully informed of the charges against him; b. He had been fully informed of the nature of and the statutory punishment for the charge; and c. He had been fully informed of the nature of the proceedings against him. 3. He further swore before [the deputy clerk] that he had BEEN ADVISED OF: a. His right to have counsel ASSIGNED to assist him AND his right to have the ASSISTANCE of counsel in defending the charge or in handling the proceedings!.] 4. He further swore before [the deputy clerk] that he fully understood and appreciated the consequences of his decision to waive the right to assigned counsel and the right to assistance of counsel.”

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