Spanbauer v. Burke’s Empirical Analysis
374 F.2d 67 · 1966
Citation profile
23 federal appellate · 2 district · 14 state decisions
How this case has been cited
Cited by 48 later decisions — most recently July 1984 · most notably Maynard v. Meachum (1976), 96 Wis. 2d 549 - Pickens v. State (1980)
23 federal appellate · 2 district · 14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Johnson v. Zerbst · Gideon v. Wainwright · Johnson v. State of New Jersey · Carnley v. Cochran · Von Moltke v. Gillies
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““looked to the substance of the Von Moltke formulations, and not to its formulas. . . . [and] . . . have nonetheless viewed the question of waiver of counsel as ultimately an issue, irrespective of the trial court’s fulfillment of its Von Moltke duties, of whether the accused knowingly and intelligently chose to waive counsel.” Spanbauer v. Burke, 374 F.2d 67, 72 (7th Cir. 1966), cert. denied, 389 U.S. 861 (1967). See also, United States v. Warner, 428 F.2d 730, 734 (8th Cir. 1970).”
2 later decisions quote this exact passage“To be valid such waiver must be made with an apprehension of the nature of the charges, the statutory offenses included within them, the range of allowable punishments thereunder, possible defenses to the charges and circumstances in mitigation thereof, and all other facts essential to a broad understanding of the whole matter.”
2 later decisions quote this exact passage““The determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.””
1 later decision quote this exact passagee.g. Witte v. Burke
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.