Moore v. State of Michigan’s Empirical Analysis

Citation profile

329 federal appellate · 33 district · 460 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 1,018 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “by a preponderance of the evidence, that he did not intelligently and understandingly waive his right to counsel.”

   6 later decisions quote this exact passage · from the majority
   e.g. Stanley v. State · Flagg v. State

2. “It must be remembered . . . that a judgment cannot be lightly set aside by collateral attack, even on habeas corpus. When collaterally attacked, the judgment of a court carries with it a presumption of regularity. Where a defendant, without counsel, acquiesces in a trial resulting in his conviction and later seeks release by the extraordinary remedy of habeas corpus, the burden of proof rests upon him to establish that he did not competently and intelligently waive his constitutional right to assistance of Counsel. If in a habeas corpus hearing, he does meet this burden and convinces the court by a preponderance of the evidence that he neither had counsel nor properly waived his constitutional right to counsel, it is the duty of the court to grant the writ.”

   3 later decisions quote this exact passage · from the majority
   e.g. Mitchell v. United States · McGhee v. Sigler

3. “"`The constitutional right (to counsel), of course, does not justify forcing counsel upon an accused who wants none.' Moore v. Michigan [supra]; Pennsylvania ex rel. Herman v. Claudy, 350 U.S. 116 , 76 S.Ct. 223 , 100 L.Ed. 126 ."”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Mems · State v. Bass