Oliver v. Bowens’s Empirical Analysis

Citation profile

3 federal appellate · 1 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`courts indulge every reasonable presumption against waiver' of fundamental constitutional rights and ... `do not presume acquiescence in the loss of fundamental rights.' A waiver is ordinarily an intentional relinquishment or abandonment of a known right or privilege. The determination of whether there has been an intelligent waiver of the right ... 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 passage · from the majority
   e.g. 272 Cal. App. 2d 181 - People v. Toulson

2. “`There must be convincing evidence that defendant has waived his rights. There must be clear and positive testimony.'”

   1 later decision quote this exact passage · from the majority
   e.g. 272 Cal. App. 2d 181 - People v. Toulson