211 N.C. App. 511 - State v. LEYSHON’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although the loss of counsel due to defendant's own actions is often referred to as a waiver of the right to counsel, a better term to describe this situation is forfeiture. Unlike waiver, which requires a knowing and intentional relinquishment of a known right, forfeiture results in the loss of a right regardless of the defendant's knowledge thereof and irrespective of whether the defendant intended to relinquish the right. A forfeiture results when the state's interest in maintaining an orderly trial schedule and the defendant's negligence, indifference, or possibly purposeful delaying tactic, combine[ ] to justify a forfeiture of defendant's right to counsel.”

   2 later decisions quote this exact passage
   e.g. 241 N.C. App. 657 - State v. Reaves · 257 N.C. App. 866 - State v. Schumann

2. “[The defendant] obstructed and delayed the trial proceedings. The record shows that Defendant refused to sign the waiver of counsel form filed on 19 July 2007 after a hearing before the trial court. At the 7 January 2008 hearing, the court. . . repeatedly asked if Defendant wanted an attorney. Defendant refused to answer, arguing instead, “I want to find out if the Court has jurisdiction before I waive anything.” . . . Likewise, at the 14 July 2008 hearing, Defendant would not respond to the court’s inquiry regarding whether he wanted an attorney.... At the next hearing on 13 July 2009, Defendant continued to challenge the court’s jurisdiction and still would not answer the court’s inquiry regarding whether he wanted an attorney or would represent himself. . . . Based on the evidence in the record, we conclude Defendant willfully obstructed and delayed the trial court proceedings by continually refusing to state whether he wanted an attorney or would represent himself when directly asked by the trial court at four different hearings. Accordingly, Defendant forfeited his right to counsel[.]”

   1 later decision quote this exact passage
   e.g. 233 N.C. App. 542 - State v. Mee

3. “Any party entitled by law to appeal from a judgment or order of a superior or district court rendered in a civil action or special proceeding may take appeal by filing notice of appeal.”

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