State v. Walker’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A]n in camera inquiry regarding a potential conflict of interest may constitute a critical stage of a prosecution at which ... a defendant has a constitutional right to be present. ... Nevertheless, it does not follow that all in-chambers discussions constitute a critical stage of the prosecution. In State v. Lopez , [ 271 Conn. 724 , 859 A.2d 898 (2004) ], our Supreme Court stated that [i]n judging whether a particular segment of a criminal proceeding constitutes a critical stage of a defendant's prosecution, courts have evaluated the extent to which a fair and just hearing would be thwarted by [the defendant's] absence or whether his presence has a relation, reasonably substantial, to the fullness of his opportunity to defend against the charge.... It further noted that a defendant may be afforded the right either to object or to waive an objection to his absence from a conference held in chambers if the existence of such a conference subsequently is placed on the record.... Applying the test set forth in Lopez to determine whether a particular in camera proceeding qualifies as a critical stage of the prosecution is a necessarily fact intensive inquiry. Thus, it is imperative that the record reveal the scope of discussion that transpired.”

   1 later decision quote this exact passage
   e.g. 184 Conn. App. 709 - Marshall v. Commissioner of Correction

2. “The Court: You heard that, Mr. Walker? You're comfortable with that? "[The Petitioner]: Yes, yes. "The Court: Let me tell you what I'm concerned about to protect your rights. As your lawyer, [defense counsel] owes you a duty of undivided loyalty. He can't represent two people at the same time that have any kind of conflict. From what I've heard here today, I haven't seen any. Whatever he did with [Dickerson] was unrelated to whatever deal [Dickerson] now has going, and he can go after that deal hand and claw, and there's nothing that I can see in his prior contact with [Dickerson] that is even relevant to the situation that developed after he spoke to [defense counsel]. I don't see any conflict. I don't see any violation of the law by [defense counsel], and I want to make sure you're comfortable with it so we can get on with the trial, and you've got to let me know. Are you okay with it? "[The Petitioner]: Yes. "The Court: Good, all right, then we'll pick it up. Let's bring the panel out. Thank you.”

   1 later decision quote this exact passage
   e.g. 176 Conn. App. 843 - Walker v. Commissioner of Correction

3. “Although our Supreme Court in Darden remanded the case to the trial court to hold an evidentiary hearing and to apply the Asherman balancing test, such a remand was appropriate in that case because the defendant had raised a state due process claim before the trial court, and the court had not conducted the necessary balancing test in light of then newly decided State v. Morales , supra, 232 Conn. at 707 , 657 A.2d 585 .... In the present case, the defendant never raised a state due process claim nor asked the court to apply the now well established Asherman factors. Accordingly, we conclude that it would be inappropriate to remand the case for an evidentiary hearing.”

   1 later decision quote this exact passage
   e.g. 174 Conn. App. 172 - State v. Smith