State v. Wellman’s Empirical Analysis

Citation profile

1 federal appellate · 98 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 99 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he record must show, or there must be an allegation and evidence which shows, that an accused was offered counsel but intelligently and understandingly rejected the offer. Anything less is not waiver.”

   5 later decisions quote this exact passage
   e.g. State v. Combs, Unpublished Decision (12-28-2007) · State v. McCrory, Unpublished Decision (12-1-2006)

2. “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.”

   3 later decisions quote this exact passage
   e.g. State v. McCrory, Unpublished Decision (12-1-2006) · Columbus v. Davis

3. “To make the right to the assistance of court-appointed counsel a factual reality, the determination of need must turn, not upon whether an accused ought *Page 6 to be able to employ counsel, but whether he is in fact able to do so. Absent a knowledgeable and intelligent waiver, a defendant may not be imprisoned unless he was represented by counsel at his trial. We hold that a preliminary determination of indigency cannot be permitted to foreclose a redetermination of eligibility for assigned counsel, when, at a subsequent stage of a criminal proceeding, new information concerning the ability or inability of the accused to obtain counsel becomes available. It is then the duty of the trial court to inquire fully into the circumstances impinging upon the defendant's claimed inability to obtain counsel, and his consequent need either for assistance in employing counsel, or for the assistance of assigned counsel. When an accused is financially able, in whole or in part, to obtain the assistance of counsel, but is unable to do so for whatever reason, appointed counsel must be provided. In such case, appropriate arrangements may subsequently be made to recompense appointed counsel for legal services rendered. The trial court's failure to ensure that defendant was adequately represented by counsel violated the mandate of Argersinger , and invalidates the judgment below. Therefore, the judgment of the Court of Appeals is reversed and the cause is remanded to the Court of Common Pleas ”

   1 later decision quote this exact passage
   e.g. State v. Paulsen, 08ap4 (12-23-2008)