189 W. Va. 470 - State v. Layton’s Empirical Analysis
1993
Citation profile
44 state decisions
How this case has been cited
Cited by 46 later decisions — most recently September 2015 · most notably 192 W. Va. 155 - State Ex Rel. State Farm Fire & Casualty Co. v. Madden (1994), Ex Parte Arthur (1997)
44 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 Strickland v. Washington · Johnson v. Zerbst · Faretta v. California · Gideon v. Wainwright · Powell v. State of Alabama Patterson
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Defendants who have elected self-representation may not thereafter seek reversal of their convictions on the ground that them own efforts were inadequate and amounted to a denial of effective assistance of counsel. (Faretta [v. California], supra, 422 U.S. 806, 834-835, fn. 46 , 95 S.Ct. 2525, 2541, fn. 46 [ 45 L.Ed.2d 562 (1975)].) This rule applies whether or not the self-represented defendant has been assisted by an attorney acting as advisory counsel or in some other limited capacity. (See Mullins v. Lavoie (1982) 249 Ga. 411 , 290 S.E.2d 472, 474 ; Carter v. State, (Ind.1987) 512 N.E.2d 158, 163-164 ; State v. Hutchison (Iowa 1983) 341 N.W.2d 33, 42 ; Parren v. State, supra, 309 Md. 260 , 523 A.2d 597, 599 [(1987)]; State v. Harper (Mo.App.1982) 637 S.W.2d 170, 173-174 .).... A self-represented defendant may not claim ineffective assistance on account of counsel’s omission to perform an act within the scope of duties the defendant voluntarily undertook to perform personally at trial.”
1 later decision quote this exact passage“In adopting the Code of Professional Conduct, this Court has attempted to insure that an attorney’s participation in legal matters occurs in a lawful way which promotes the ends of justice, within limits generally considered proper and moral by society as a whole. The Rules of Professional Conduct adopted by this Court recognize, as did the Supreme Court of the United States, that the elucidatiqn of true testimony is a circumstance which pro motes, the fair administration of justice, and, conversely, the Rules implicitly recognize that the elucidation of false evidence frustrates the proper administration of justice.”
1 later decision 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.” State v. Sheppard, 172 W.Va. 656, 671 , 310 S.E.2d 173, 188 (1983) (citations omitted).”
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.