Davis v. Hudspeth’s Empirical Analysis
1946
Citation profile
2 district · 12 state decisions
How this case has been cited
Cited by 14 later decisions — most recently November 1960
2 district · 12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Johnson v. Zerbst · Levine v. Hudspeth · State v. Tyree · Engels v. Amrine · Garrison v. Amrine
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(a) If any person about to be arraigned upon an indictment or information for any offense against the laws of this state be without counsel to conduct his defense, it shall be the duty of the court to inform him that he is entitled to counsel, and to give him an opportunity to employ counsel of his own choosing, if he states that he is able and willing to do so. If he does ask to consult counsel of his own choosing, the court shall permit him to do so, if such counsel is within the territorial jurisdiction of the court. If he is not able and willing to employ counsel, and does not ask to consult counsel of his own choosing, the court shall appoint counsel to represent him, unless he states in writing that he does not want counsel to represent him and the court shall find that the appointment of counsel over his objection will not be to his advantage. A record of such proceeding shall be made by the court reporter, which shall be transcribed and reduced to writing by the reporter, who shall certify to the correctness of such transcript, and such transcript shall be filed and made a part of the files in the cause. The substance of the proceedings provided for herein shall be entered of record in the journal and shall be incorporated in the journal entry of trial and judgment. * * * ””
3 later decisions quote this exact passage · from the majoritye.g. State v. Oldham · Goetz v. Hand““When any person is about to be arraigned upon an information or indictment all of the provisions of G. S. 1943 Supp. 62-1304, are mandatory and strict compliance must be made therewith in order to give a court jurisdiction to accept a plea of guilty. “Upon a petition for a writ of habeas corpus predicated on a sustained contention that the accused did not waive in writing his right to counsel, this court has authority to release the petitioner from confinement in the penitentiary and to order that he be placed in the custody of the sheriff of the proper county to await appropriate proceedings against him.” (Syl. ¶¶[ 1, 2.)”
1 later decision quote this exact passage · from the majoritye.g. Selbe v. Hudspeth““. . . Not all the proceedings in the district court were void. Such court had general jurisdiction of the subject matter by reason of the information having been filed therein. According to the allegations of the information reasons exist for the proper detention of the prisoner and the peace and dignity of the state demand that he be dealt with according to law.” (See citations set forth therein.) (p. 356.)”
1 later decision quote this exact passage · from the majoritye.g. Willey v. Hudspeth
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.