State v. Poole’s Empirical Analysis

Citation profile

66 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[T]he trial court was justified in denying the motion to withdraw when defendant was not prepared to substitute new counsel, and further, that it was proper for the trial judge to contest the bona fides of defendant's last-minute request for a delay in the trial by requiring him to retain new counsel on the same day. . . . On the record before us, however, . . . the trial court was justified in ruling that the prompt administration of justice outweighed defendant's meager showing of necessity for substitution of a hypothetical new attorney. On appeal, defendant has again been represented by court-appointed counsel. He has failed to put forward any indicia of prejudice because of his appointed representation. Therefore, we feel no justifiable basis exists for asubstitution of his attorney on the day of his trial. Without any such justifiable basis, there is no constitutional right under the Sixth Amendment to a continuance to enable defendant to seek new counsel on the day of the trial."”

   2 later decisions quote this exact passage
   e.g. 189 N.C. App. 532 - State v. Rodgers · 191 N.C. App. 612 - State v. Sizemore

2. ““[i]t is well-established that a motion to continue is ordinarily addressed to the trial judge’s sound discretion and his ruling thereon will not be disturbed except upon a showing of abuse of discretion. However, when a motion to continue is based on a constitutional right, the question presented is a reviewable question of law.””

   2 later decisions quote this exact passage
   e.g. 190 N.C. App. 797 - State v. Delrosario · 155 N.C. App. 500 - State v. Smith

3. “The established law, however, is that the trial judge must satisfy himself only that the “present counsel is able to render competent assistance and that the nature or degree of the conflict is not such as to render that assistance ineffective.” “[T]he obligation of the court [is] to inquire into defendant’s reasons for wanting to discharge his attorneys and to determine whether those reasons were legally sufficient to require the discharge of counsel.” Once it becomes apparent that the assistance of counsel has not been rendered ineffective, the trial judge is not required to delve any further into the alleged conflict. The trial court’s sole obligation when faced with a request that counsel be withdrawn is to make sufficient inquiry into defendant’s reasons to the extent necessary to determine whether defendant will receive effective assistance of counsel. (Citations omitted).”

   1 later decision quote this exact passage
   e.g. 102 N.C. App. 419 - State v. Shubert