203 Ga. App. 79 - Capelli v. State’s Empirical Analysis
1992
Citation profile
17
cited by 17 later decisions
1
states following
November 2007
most recently cited
17 state decisions
Relationships
Relies on Argersinger v. Hamlin · Johnston v. State · 179 Ga. App. 233 - Dotson v. State · Brawner v. State · 197 Ga. App. 162 - White v. State
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.
“Although the right to counsel extends to misdemeanor prosecutions where imprisonment may result (Argersinger v. Hamlin, 407 U. S. 25 (92 SC 2006, 32 LE2d 530) (1972)), our Supreme Court has interpreted Argersinger as requiring that a defendant in a misdemeanor criminal prosecution be entitled to [court-appointed] counsel only where the defendant is sentenced to actual imprisonment. Brawner v. State, 250 Ga. 125 (2) ( 296 SE2d 551 ) (1982); Johnston v. State, 236 Ga. 370 (3) ( 223 SE2d 808 ) (1976).”
2 later decisions quote this exact passage“the State bears the burden of showing the waiver was made both intelligently and knowingly, either (1) by showing on the record that the defendant was cognizant of the right being waived; or (2) by filling a silent or incomplete record through the use of extrinsic evidence which affirmatively shows that the waiver was knowingly and voluntarily made.”
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.