Schram v. Gladden’s Empirical Analysis

Citation profile

7 federal appellate · 2 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It must be remembered, however, that a judgment cannot be lightly set aside by collateral attack, even on habeas corpus. When collaterally attacked, the judgment of a court carries with it a presumption of regularity. (footnote omitted) Where a defendant, without counsel, acquiesces in a trial resulting in his conviction and later seeks release by the extraordinary remedy of habeas corpus, the burden of proof rests upon him to establish that he did not competently and intelligently waive his constitutional right to assistance of Counsel.”

   1 later decision quote this exact passage
   e.g. Schram v. Cupp

2. “If a knowing waiver is not shown by the court's records, and petitioner testifies he had no knowledge of his right to be represented, the burden is upon the state to prove circumstances from which the post-conviction trial judge can and is willing to infer that petitioner had knowledge of this right.”

   1 later decision quote this exact passage
   e.g. 296 Or. App. 500 - Myers v. Howton

3. “a constitutional substitute for the kind of knowledge that must be imparted to any defendant before his guilty plea can be accepted.”

   1 later decision quote this exact passage
   e.g. Schram v. Cupp