State v. Ochoa’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`Courts should indulge every reasonable presumption against waiver[,]'”

   2 later decisions quote this exact passage
   e.g. State v. Torkelsen · In Re CS

2. ““ ‘Absent a constitutional right to standby counsel, a defendant generally cannot prove standby counsel was ineffective.’ ‘As the word “standby” implies, standby counsel is merely to be available in case the court determines that the defendant is no longer able to represent himself or in case the defendant chooses to consult an attorney.’ As a practical matter, standby counsel does not represent the defendant; the defendant represents himself and may or may not chose to consult with his standby counsel during the course of the proceedings. The duties and responsibilities of standby counsel are understandably less than the obligations of retained or appointed counsel. Thus, standby counsel is not ‘counsel’ within the context of the Sixth Amendment.””

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

3. “Generally, the defendant must make a `knowing, intelligent, voluntary, and unequivocal request before a court may conclude he has waived his right to counsel and invoked his right to represent himself.'”

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