Irwin v. State’s Empirical Analysis

Citation profile

2 federal appellate · 50 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . These constitutional rights may be waived, but the waiver must be made freely and understanding^, and unless they are so waived there is error in the proceeding. Where a defendant is represented by competent counsel, a failure to assert or claim constitutional rights is treated as a waiver, but where a defendant is not represented by counsel, the mere failure to assert or insist upon a constitutional right is not of itself sufficient to establish a waiver. . .”

   2 later decisions quote this exact passage
   e.g. Lucas v. State · DOWLING v. State

2. “"The right to be heard by counsel provided by § 13 of Article 1 of the Constitution of Indiana, as well as the due process clause of the Fourteenth Amendment cannot be nullified by the appointment of incompetent counsel who give merely perfunctory or casual representation.... "This right is not defeated merely because an accused himself employs incompetent counsel who affords inadequate representation.... Nor is this constitutional protection waived because the accused may in fact be guilty. `The safeguards erected by the Constitution are intended to protect the rights of all citizens alike. They protect the rights of the guilty as well as those of the innocent.'" ...”

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