State v. Duke’s Empirical Analysis
1970
Citation profile
2 federal appellate · 34 state decisions
How this case has been cited
Cited by 36 later decisions — most recently November 2009 · most notably State v. Ames (1977), Padron v. Lopez (2009)
2 federal appellate · 34 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Gideon v. Wainwright · Burgett v. Texas · Mills v. Alabama · State v. Engberg · State v. Jefferson
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A record of prior felony conviction which is silent or ambiguous concerning the presence of counsel or the valid waiver thereof is presumptively void, and it alone cannot form the basis for establishing a valid conviction as an element of K.S.A. 21-2611 or for imposing enhanced punishment under the habitual criminal act (K.S.A. 21-107a).””
2 later decisions quote this exact passage · from the majority““Here, unlike in Burgett and [State v.] Engberg, [ 194 Kan. 520 , 400 P.2d 701 ] we have a journal entry of judgment and sentence showing on its face defendant had counsel at the time he pleaded guilty in Alabama. The presumption in favor of the validity of the foreign judgment and of the truth of the recitals in the journal entry attached. (Thorn v. Salmonson, [ 37 Kan. 441 , 15 Pac. 588 .]) The burden was upon the defendant to show the journal entry was incorrect and that he, in fact, did not have the benefit of counsel at his prior conviction. (State v. Jefferson, 204 Kan. 50 , 460 P.2d 610 ; K.S.A. 60-414[a].)” 205 Kan. at 40-41 .”
1 later decision quote this exact passage · from the majoritye.g. State v. Patterson
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.