172 W. Va. 656 - State v. Sheppard’s Empirical Analysis
1983
Citation profile
4 federal appellate · 70 state decisions
How this case has been cited
Cited by 76 later decisions — most recently March 2018 · most notably United States v. Martinez (1989), State v. De Nistor (1985)
4 federal appellate · 70 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 · Faretta v. California · Adams v. United States Ex Rel. McCann · Von Moltke v. Gillies · Brown v. United States
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A defendant in a criminal proceeding who is mentally competent and sui juris, has a constitutional right to appear and defend in person without the assistance of counsel, provided that (1) he voices his desire to represent himself in a timely and unequivocal manner; (2) he elects to do so with full knowledge and understanding of his rights and of the risks involved in self-representation; and (3) he exercises the right in a manner which does not disrupt or create undue delay at trial.”
6 later decisions quote this exact passage“1. To ascertain if the defendant is cognizant of and willing to relinquish his right to assistance of counsel. 2. To insure that the accused is aware of the nature, complexity and seriousness of the charges against him and of the possible penalties that might be imposed. 3. To warn the accused of the danger and disadvantages of self-representation, (e.g., that self-representation is almost always detrimental and that he will be subject to all the technical rales of evidence and procedure, the same as if he had been represented by counsel.) 4. To advise the defendant that he waives his right to refuse to testify by going outside the scope of argument and testifying directly to the jury. 5. To make some inquiiy into the defendant’s intelligence and capacity to appreciate the consequences of his decision.”
4 later decisions quote this exact passage““The determination of whether an accused has knowingly and intelligently elected to proceed without the assistance of counsel depends on the facts and circumstances of the case. The test in such cases is not the wisdom of the accused’s decision to represent himself or its effect upon the expeditious administration of justice, but, rather, whether the defendant is aware of the dangers of self-representation and clearly intends to waive the rights he relinquishes by electing to proceed pro se.””
3 later decisions quote this exact passage
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.