State v. Statczar’s Empirical Analysis
1987
Citation profile
31 state decisions
How this case has been cited
Cited by 31 later decisions — most recently October 2021 · most notably State v. Gladue (1999), State v. Novak (2005)
31 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 Simmons v. United States · Dusky v. United States · State v. Austad · State v. Armstrong · State v. Iwakiri
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[wjaiver is defined as the intentional or voluntary relinquishment of a known right or conduct which implies relinquishment of a known right. Kuiper v. District Court (1981), 632 P.2d 694, 698 , 38 St. Rep. 1288 . The burden of establishing waiver of the privilege is on the party seeking to overcome the privilege. Miller v. Dis. Ct. City and Cty. of Denver (Colo. 1987), 737 P.2d 834 , 838. Two elements must be considered when a court reviews the waiver of an attorney-client privilege: (1) the element of a client’s implied intention and (2) the element of fairness and consistency. See, 8 Wigmore, Evidence §2327 at 636; State v. Balkin (1987), 48 Wash. App. 1 , 737 P.2d 1035, 1037 . An implied waiver must be supported by evidence showing that defendant, by words or by conduct, has impliedly forsaken his privilege of confidentiality with respect to the communication in question. Miller [], 737 P.2d at 838 .”
2 later decisions quote this exact passage · from the majority“the intentional or voluntary relinquishment of a known right or conduct which implies relinquishment of a known right.”
1 later decision quote this exact passage · from the majority
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.