Sandoval v. Tinsley’s Empirical Analysis

Citation profile

23 federal appellate · 2 district · 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The judgment of the state trial court certainly can not be `lightly' set aside on such collateral attack as this, and that judgment `carries with it a presumption of regularity' even as stated for federal courts in Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 . Where there is some showing of affirmative waiver, the burden of proof rests on the petitioner to establish that he did not competently and intelligently waive his constitutional right to the assistance of counsel, and that he must during the hearing on habeas corpus meet the burden and convince the court by a preponderance of the evidence that he did not properly waive his right to counsel. Carnley v. Cochran, 369 U.S. 506 , 82 S.Ct. 884 , 8 L.Ed.2d 70 ; Johnson v. Zerbst, supra; Panagos v. United States, 324 F.2d 764 (10th Cir.); Moore v. [State of] Michigan, 355 U.S. 155 , 78 S.Ct. 191 , 2 L.Ed.2d 167 .”

   1 later decision quote this exact passage · from the majority
   e.g. Bouldin v. Cox

2. “The finding by the United States District Court, adequately supported, shows appellant's understanding of his right to counsel and a competent waiver of such right.”

   1 later decision quote this exact passage · from the majority
   e.g. Bouldin v. Cox