Charles White v. Parker L. Hancock, Warden’s Empirical Analysis

Citation profile

9 federal appellate · 5 district · 3 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Whatever the rule may be as to pre-indictment cases, (citations omitted), 6 we regard the law as now settled that after indictment the obligation is upon the police to inform a defendant of his rights to silence and to court-appointed counsel. These rights may, of course, be waived, (citation omitted) For this purpose the state may show that a defendant was not prejudiced by lack of contemporary instruction by the police. However, the burden must be on the state to establish that in fact the defendant already had full knowledge of his rights; that he understood that an attempt to exercise them would not be thwarted or penalized; and that with such knowledge he acted entirely voluntarily. Waiver of constitutional rights when a defendant has not been given contemporary information of what they are is not lightly to be inferred, and we believe in this circumstance the state’s claim of knowledge on the defendant’s part should be subjected to the “clear and convincing” test reserved for special policy situations. Cf. McCormick, Evidence (1954) Ch. 36, § 320.”

   1 later decision quote this exact passage · from the majority
   e.g. White v. Hancock

2. “* * * the right to counsel, which the federal courts have long recognized, does not include the right to counsel, whether at counsel's expense, or government expense, to advance a totally frivolous claim merely because some layman thinks it has merit.”

   1 later decision quote this exact passage · from the majority
   e.g. 128 N.J. Super. 363 - State v. Hughes