Public-domain · open source
OpenJurist
← 177 Neb. 404 - Case v. State

Case v. State’s Empirical Analysis

1964

Citation profile

30
cited by 30 later decisions
2
cited 2 times by the Supreme Court
4
states following
July 2018
most recently cited

2 federal appellate · 2 district · 24 state decisions

How this case has been cited

Cited by 30 later decisions (2 by the Supreme Court) — most recently July 2018 · most notably Case v. State of Nebraska (1965), Davila v. State (1992)

2 federal appellate · 2 district · 24 state decisions

120196419701980199020002010decided

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 Gideon v. Wainwright · Powell v. State of Alabama Patterson · Carnley v. Cochran · Mooney v. Holohan · Hamilton v. Alabama

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

  1. “"The due process clause of the Fourteenth Amendment guarantees the assistance of counsel unless that right is intelligently and understandingly waived by the accused. Courts must indulge every reasonable presumption against a waiver of fundamental constitutional rights, and do not presume acquiescence in their loss." * * * Although the defendant had already affirmatively indicated his intention to exercise his constitutional right to counsel by retaining private counsel, the court interpreted the defendant's appearance at trial without counsel as an affirmative, intelligent, and understanding waiver of his constitutional right to counsel simply because the defendant had been advised of his right to counsel a month before. Under the circumstances here it was wholly unreasonable to assume that the defendant had conclusively rejected an offer of counsel, much less that he had affirmatively waived his right to counsel.”
    1 later decision quote this exact passage
  2. “[t]he record must show, or there must be an allegation and evidence which show, that an accused was offered counsel but intelligently and understandingly rejected the offer. Anything less is not waiver.”
    1 later decision 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.