People v. Chlebowy’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"An additional argument is made by the appellant, which raises a general question as to the proper practice to be followed by the court upon the trial of a criminal case where the defendant is not represented by counsel. As has been mentioned above, the defendant appeared without counsel, although the complainant was represented by counsel. At the conclusion of the People's case, the trial court said to the defendant, `Do you want to take the stand, now?' The defendant responded that he did and thereupon he was sworn and examined by the Court. Although the defendant did not have the advice of counsel, the Court did not caution the defendant that he need not take the stand, that no inference could be drawn against him from his failure to do so and that any testimony that he might give could be used against him. "Under the circumstances, this was not proper practice. Although the Court's statement to the defendant was put in the form of a question rather than a direction, it had the effect of virtually calling the defendant to the stand, without advising him that he had the right to refuse. The defendant was before the court under the compulsion of an arrest on a criminal charge. The defendant may well have believed that it was his duty to testify in response to the Court's suggestion, or at least, that if he failed to do so, the Court would draw an adverse inference from such failure. The defendant not being represented by counsel, the Court should have advised the defendant o”

   1 later decision quote this exact passage
   e.g. 117 So. 2d 544 - Cochran v. State