Moore v. State’s Empirical Analysis

Citation profile

38 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Defendant contends that the. failure of the trial court to appoint him legal counsel has denied him his constitutional right to the assistance of counsel and has resulted in a denial of his right to a fair trial. There is no doubt that we are dealing here with one of the most fundamental of our constitutional guarantees. A defendant charged with a crime is guaranteed the right to be represented by counsel by Article 1, Section 13 of the Indiana Constitution and the Sixth and Fourteenth Amendments to the Constitution of the United States. State v. Minton, (1955) 234 Ind. 578 , 130 N.E.2d 226 ; Wilson v. State, (1943) 222 Ind. 63 , 51 N.E.2d 848 . A failure to permit a defendant to have counsel amounts to a denial of due process, and there can be no valid criminal trial unless a defendant is represented by counsel if he desires counsel. Fitzgerald v. State, (1970) 254 Ind. 39 , 257 N.E.2d 305 ; State v. Minton, supra; DeFrisco v. State, (1972) 153 Ind. App. 609 , 288 N.E.2d 576 . The guarantee of the right to be represented by counsel includes the right for an indigent defendant in a criminal prosecution to have counsel provided for him at state expense. Pallett v. State, (1978) Ind., 381 N.E.2d 452 ; Swinehart v. State, (1978) 268 Ind. 460 , 376 N.E.2d 486 . It is a judicial function to determine whether counsel shall be appointed at public expense, Fulks v. State, (1970) 255 Ind. 81 , 262 N.E.2d 651 , and this determination is within the sound discretion of the trial judge. ”

   4 later decisions quote this exact passage
   e.g. Sholes v. Sholes · Blinn v. State

2. ““The court’s duty to appoint competent counsel arises at any state of the proceedings when the defendant’s indigency causes him to be without the assistance of counsel.” Moore v. State, Ind., 401 N.E.2d at 679 (emphasis added).”

   2 later decisions quote this exact passage
   e.g. Spinks v. State · Shively v. State

3. “[The defendant does not have to be totally without means to be entitled to counsel. If he legitimately lacks the fi nancial resources to employ an attorney, without imposing substantial hardship on himself or his family, the court must appoint counsel to defend him.”

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