164 So. 3d 389 - State v. Joseph’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Pursuant to the Sixth Amendment of the United States Constitution, a defendant has a right to counsel at every critical stage of criminal proceedings, including a resentencing hearing. State v. Dupas , 94-1264 (La.App. 3 Cir. 3/6/96) , 670 So.2d 667 . "Unless a defendant has made a knowing and intelligent waiver of his right to counsel, any sentence imposed in the absence of counsel is invalid and must be set aside." Id. at 669 (quoting State v. Flowers , 598 So.2d 1144 , 1146 (La.App. 1 Cir.1992) ). In determining whether a defendant has knowingly and intelligently waived the right to counsel, a trial court must conduct "a meaningful inquiry" with the defendant regarding the waiver and must advise the defendant "of the dangers and disadvantages of self-representation." State v. Hayes , 95-1170, pp. 4-5 (La.App. 3 Cir. 3/6/96), 670 So.2d 683 , 685-86. Alternatively, this court has found that a defendant's conduct can constitute an implied waiver of the right to counsel. State v. Batiste , 96-526 (La.App. 3 Cir. 12/11/96) , 687 So.2d 499 , writ denied , 97-174 (La. 6/30/97), 696 So.2d 1003 ; State v. Mitchell , 580 So.2d 1006 (La.App. 3 Cir.1991), writ denied , 613 So.2d 969 (La.1993). Such conduct includes dilatory tactics by a defendant, for example, obtaining multiple continuances by refusing to accept court-appointed counsel and failing to secure other counsel. Id. Additionally, a criminal defendant is entitled to court-appointed counsel at each stage of the proceedings if”

   1 later decision quote this exact passage
   e.g. 258 So. 3d 708 - State v. Thomas