State v. Irvine’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Appointment of substitute counsel is warranted only upon a showing of good cause and where substitution will not unreasonably disrupt the judicial process. A trial court’s decision on a request for substitution or a continuance will not be reversed on appeal absent a showing of an abuse of discretion.”

   2 later decisions quote this exact passage
   e.g. State v. Goodroad · State v. Loftus

2. “At a minimum a defendant must be aware of the dangers and disadvantages of self-representation. On appeal, waiver of the right to counsel will not be found knowingly and intelligently made unless the trial court (1) warns the defendant of the dangers of self-representation or, (2) unless the record indicates circumstances from which this court can find the defendant was aware of the danger and made a knowing and intelligent waiver. While in some cases there may be a record showing a defendant is aware of the pitfalls of self-representation, an admonition from the trial court is preferred as it eliminates any doubt.”

   1 later decision quote this exact passage
   e.g. People Ex Rel. South Dakota Department of Social Services

3. “[[Image here]] When a defendant asserts that his assigned lawyer is not adequate or diligent or asserts ... that his lawyer is disinterested, the judge should hear his claim and, if there is a factual dispute, take testimony and state his findings and conclusions.”

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