291 N.J. Super. 441 - State v. Wiggins’s Empirical Analysis
1996
Citation profile
6 state decisions
How this case has been cited
Cited by 6 later decisions — most recently July 2013
6 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 Miranda v. State of Arizona Vignera · Johnson v. Zerbst · Faretta v. California · Powell v. State of Alabama Patterson · Illinois v. Allen
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Both the federal and State constitutions guarantee the right to an attorney in a criminal case. U.S. Const. Amend. VI; N.J. Const Art. 1, ¶ 10. The right to counsel “constitutes a vital ingredient of due process, tracing its paternity to the landmark case of Powell v. Alabama, 287 U.S. 45 , 53 S.Ct 55 , 77 L.Ed, 158 (1932).” State v. Slattery, [ 239 N.J.Super. 534, 543-44 , 571 A.2d 1314 ] (App.Div.1990). Since very early times, New Jersey has given strong recognition to an accused’s right to an attorney. See Rodriguez v. Rosenblatt, [ 58 N.J. 281, 285 , 277 A.2d 216 ] (1971). The guarantee was included in our earliest organic law, see N.J. Const, of 1776 art. XVI, and appeared in our nascent statutes as well. See [ Slattery, supra, 239 N.J.Super. at 544 , 571 A.2d 1314 ] (citing Act of March 6, 1795 (Paterson, Laws 162 (1800))). The right to counsel recognizes the obvious but important truth that “the average defendant does not have the professional legal skill to protect himself when brought before a tribunal with power to take his life or liberty____” Johnson v. Zerbst, 304 U.S. 458, 462-63 , 58 S.Ct. 1019, 1022 , 82 L.Ed. 1461, 1465-66 (1938). The assistance of counsel “is essential to ensuring fairness and due process in criminal prosecutions.” [ Crisafi, supra, 128 N.J. at 509 , 608 A.2d 317 ]. Other rights afforded to an accused would have little meaning without the benefit of counsel because often they cannot be secured and implemented without the guiding hand of an a”
1 later decision quote this exact passage · from the majority“the courts `indulge [in] every reasonable presumption against the waiver' of this constitutional right [to counsel.]”
1 later decision quote this exact passage · from the concurrence
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.