Rush v. State’s Empirical Analysis

Citation profile

11 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. “Georgia allows a defendant to enter into a negotiated agreement to forego the right to seek post-conviction relief as a means to serve the interests of the State and the defendant in achieving finality. [Cit.] In particular, this Court has held that a criminal defendant may waive his statutory right to appeal a conviction in exchange for the State’s agreement not to seek the death penalty at sentencing, so long as the waiver is voluntary, knowing, and intelligent. [Cits.] The fact that a waiver of the right to appeal is voluntary, knowing, and intelligent may be shown in two ways. First, a signed waiver may indicate that the defendant understands the right he is waiving. Second, and more important, detailed questioning of the defendant by the trial court that reveals that he was informed of his right to appeal and that he voluntarily waived that right is sufficient to show the existence of a valid, enforceable waiver. [Cit.]”

   2 later decisions quote this exact passage
   e.g. Hooks v. State · Rawles v. Holt

2. “We can see no reason to distinguish between waivers of the right to appeal and waivers of the right to seek post-conviction relief from life imprisonment. In each instance, the waivers foster the interests of the state and the defendant in finality.”

   1 later decision quote this exact passage
   e.g. Rawles v. Holt