State v. Hester’s Empirical Analysis
2010
Citation profile
28 state decisions
Relationships
Applies 18 U.S.C. § 3593 (§ 60002 of the Violent Crime Control and Law Enforcement Act of 1994)
Relies on Batson v. Kentucky · Blakely v. Washington · Faretta v. California · Delaware v. Van Arsdall · Gregg v. Georgia
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Right to Assigned Counsel. — Every indigent defendant is entitled to have assigned counsel in all matters necessary to the defense and at every stage of the proceedings, unless the defendant waives counsel. (b) Waiver.— (1) Actions by Court. — Before accepting a waiver of counsel, the court shall: (A) advise the accused in open court of the right to the aid of counsel at every stage of the proceedings; and (B) determine whether there has been a competent and intelligent waiver of such right by inquiring into the background, experience, and conduct of the accused, and other appropriate matters. (2) Written Waiver. — A waiver of counsel shall be in writing. (3) Record of Waiver. — -An accepted waiver of counsel shall be in the record.”
1 later decision quote this exact passage · from the majority“claims under the cumulative error doctrine are sui generis. A reviewing tribunal must consider each such claim against the background of the case as a whole, paying particular weight to factors such as the nature and number of the errors committed; their interrelationship, if any, and combined effect; how the [trial] court dealt with the errors as they arose (including the efficacy — or lack of efficacy — of any remedial efforts); and the strength of the [State’s] case. The run of the trial may also be important; a handful of miscues, in combination, may often pack a greater punch in a short trial than in a much longer trial.”
1 later decision quote this exact passage · from the majority“While the trial court's added concern for assuring that [the defendant] is competently represented in a capital case is understandable, it was error to prevent [the defendant] from exercising his right to self-representation on this basis. A defendant does not lose his or her right to self-representation because he is being tried for a capital offense.”
1 later decision quote this exact passage · from the majority
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.