170 N.C. App. 618 - State v. Whitfield’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Court: [Defendant] do you have an attorney? Defendant: No, sir. Court: Do you want the court to appoint you an attorney? Defendant: No, sir. Court: Do you understand that if you cannot afford an attorney one would be appointed to represent you? Defendant: Yes, sir. Court: Do you understand that an attorney’s services might be helpful to you in this situation? Defendant: Yes, sir. Court: But you want to proceed without an attorney? Defendant: Yes, sir. Court: Come around and sign the waiver if that’s what you wish to do. Clerk: Place you left hand on the Bible and raise your right. Do you understand that by signing this waiver you are giving up your right to be assisted by counsel and plan to proceed on your own as you own counsel? Defendant: Yes.”

   3 later decisions quote this exact passage
   e.g. 190 N.C. App. 437 - State v. Jackson · 213 N.C. App. 571 - State v. Sorrow

2. “the trial judge followed all three requirements set forth in N.C. Gen. Stat. § 15A-1242. [The trial judge] informed defendant of the right of assistance of counsel, including the right to a court-appointed attorney if defendant was entitled to one. The trial judge also made sure that defendant understood that her probation could be revoked, that her sentences could be activated, and that she could serve eleven to fifteen months in prison. Cognizant of these facts, defendant verbally gave a knowing, intelligent, and voluntary waiver of her right to counsel. Later, defendant signed a document indicating that she waived her right to counsel and wanted to appear on her own behalf. Therefore, we have no doubt that defendant intended to and did in fact waive her right to counsel.”

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

3. “1. Has been clearly advised of his right to the assistance of counsel, including his right to the assignment of counsel when he is so entitled; 2. Understands and appreciates the consequences of this decision; and 3. Comprehends the nature of the charges and proceedings and the range of permissible punishments.”

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