308 So. 2d 795 - State v. Strange’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Our holding in Fincher is consonant with those of the United States Supreme Court with regard to the effect of an uncounselled conviction upon the application of the multiple-offender enhancedpunishment statutes. Burgett v. Texas, 398 U.S. 109 , 88 S.Ct. 258 , 19 L.Ed.2d 319 (1967); Greer v. Beto, 384 U.S. 269 , 86 S.Ct. 1477 , 16 L.Ed.2d 526 (1966). To permit an uncounselled conviction to enhance punishment for a subsequent offense is to erode the constitutional right to counsel and, in itself, constitutes a denial of the Sixth Amendment right. Burgett at 389 U.S. 115 , 88 S.Ct. 262 . "Here, the uncounselled first conviction is a direct cause of the greatly enhanced punishment to which the accused is subjected by the present prosecution. Therefore, under our holding in Fincher , it cannot constitutionally be classified as a prior conviction for purposes of the present prosecution as third offender. See also City of Monroe v. Coleman, 304 So.2d 332 (La.1974)."”

   1 later decision quote this exact passage
   e.g. 337 So. 2d 1152 - State v. Franklin

2. “"We hold, therefore, that absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, unless he was represented by counsel at his trial."”

   1 later decision quote this exact passage
   e.g. 381 So. 2d 468 - State v. Harper