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← 217 Ariz. 74 - In Re Jesse M.

In Re Jesse M.’s Empirical Analysis

2007

Citation profile

42
cited by 42 later decisions
3
states following
October 2017
most recently cited

42 state decisions

Relationships

Relies on Addington v. Texas · Specht v. Patterson · Martin v. Reinstein · Brown v. United States Fidelity & Guaranty Co. · 407 F. Supp. 509 - Doremus v. Farrell

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

  1. “[W]hen the [trial] court is faced with a patient who wants to waive his right to counsel at an involuntary commitment hearing, the court should: (a) advise the patient of his right to counsel; (b) advise the patient of the consequences of waiving counsel, namely, that the patient and not the lawyer will be responsible for presenting his case, cross-examining the petitioner’s witnesses, calling witnesses, and presenting evidence as well as closing argument; (c) seek to discover why the patient wants to represent himself, which may involve a dialogue with counsel or others; (d) learn whether the patient has any education, skill or training that may be important to deciding whether he has the competence to make the decision; (e) determine whether the patient has some rudimentary understanding of the proceedings and procedures to show he understands the right he is waiving; and (f) consider whether there are any other facts relevant to resolving the issue. Once that on-the-record discussion has been completed, the trial court should make specific factual findings supporting the grant or denial of the waiver.”
    1 later decision quote this exact passage
  2. “In re MH XXXX-XXXXXX, 214 Ariz. 246, 248, ¶ 10 , 150 P.3d 1267, 1269 (App.2007) (quoting In re Coconino County No. MH 1425, 181 Ariz. 290 , 293, 889 P.2d 1088 , 1091 (1995)); see also Jesse M., 217 Ariz. at 76, ¶ 9 , 170 P.3d at 685 ; MH XXXX-XXXXXX, 214 Ariz. at 320, ¶ 14, 152 P.3d at 1203 .”
    1 later decision quote this exact passage
  3. “a civil commitment proceeding cannot `be equated to a criminal prosecution,' the standards in criminal cases have been examined to determine when waiver can occur.”
    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.