Garcia v. State’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]n these circumstances, the judge has an independent duty to implement this right in the absence of a knowing and voluntary waiver by the defendant. The judge may become aware of the defendant’s language problem either by being informed of it by one or both parties or by noticing the problem sua sponte.”

   2 later decisions quote this exact passage · from the majority
   e.g. Miller v. State · Rangel v. State

2. “[o]ne of the most basic of the rights guaranteed by the Confrontation Clause”

   2 later decisions quote this exact passage · from the majority
   e.g. Cockrell, Darrell Lynn · In Re MP

3. “rights in the second category ... “do not vanish so easily. Although a litigant might give them up and, indeed, has a right to do so, he is never deemed to have done so in fact unless he says so plainly, freely, and intelligently, sometimes in writing and always on the record.” Regarding these rights, “the judge has an independent duty to implement them absent an effective waiver by him. As a consequence, failure of the judge to implement them at trial is an error which might be urged on appeal whether or not it was first urged in the trial court.””

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