16 So. 3d 172 - Milkey v. State’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. “express his desire to discharge counsel and explain the reasons for his request. Upon hearing that Milkey was 'not really happy' with counsel, the court should have allowed him to finish his sentence to determine the basis of his dissatisfaction and whether some type of Nelson inquiry was necessary.”

   2 later decisions quote this exact passage
   e.g. Mansfield v. State · Torres v. State

2. “A defendant shall not be considered to have waived the assistance of counsel until the entire process of offering counsel has been completed and a thorough inquiry has been made into both the accused’s comprehension of that offer and the accused’s capacity to make a knowing and intelligent waiver. Before determining whether the waiver is knowing and intelligent, the court shall advise the defendant of the disadvantages and dangers of self-representation.”

   1 later decision quote this exact passage
   e.g. 113 So. 3d 852 - Herron v. State

3. “[T]he trial court improperly assumed that Torres' dissatisfaction with counsel was not based on -9- counsel's incompetency or that a Nelson hearing, if conducted, would have dispelled any notion of counsel's incompetency.”

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