State v. Moore’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The due process clause of the Fourteenth Amendment guarantees the assistance of counsel unless that right is intelligently and understandingly waived by the accused. Courts must indulge every reasonable presumption against a waiver of fundamental constitutional rights, and do not presume acquiescence in their loss." * * * Although the defendant had already affirmatively indicated his intention to exercise his constitutional right to counsel by retaining private counsel, the court interpreted the defendant's appearance at trial without counsel as an affirmative, intelligent, and understanding waiver of his constitutional right to counsel simply because the defendant had been advised of his right to counsel a month before. Under the circumstances here it was wholly unreasonable to assume that the defendant had conclusively rejected an offer of counsel, much less that he had affirmatively waived his right to counsel.”

   2 later decisions quote this exact passage
   e.g. Davila v. State · State v. Sack

2. “then asked whether [Moore] had talked to his lawyer and [Moore] responded: “I couldn’t. I was in jail.” The trial court then stated: “All right, but you knew you had a right to a lawyer.”, and [Moore] responded: “Yes, yes, I knew.” The [trial court] then announced that [it] would take judicial notice that the jail had a telephone and said: “Well, I guess you’ll have to go on your own then____””

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

3. “The due process clause of the Fourteenth Amendment guarantees the assistance of counsel unless that right is intelligently and understandingly waived by the accused. Courts must indulge every reasonable presumption against a waiver of fundamental constitutional rights, and do not presume acquiescence in their loss.”

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