Huggins v. State’s Empirical Analysis

Citation profile

2 federal appellate · 18 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ . . . For as was said in Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 . . . : ‘The provision in the Sixth Amendment that in all Criminal prosecutions the accused shall enjoy the right to have the assistance of counsel for his defense requires that in Federal Courts counsel must be provided for defendants unable to employ counsel unless the right is competently and intelligently waived.’ ‘A provision of the Bill of Rights which is fundamental and essential to a fair trial is made obligatory upon the states by the Fourteenth Amendment ; the Sixth Amendment’s guaranty of counsel is one of these fundamental rights.’ “And further in Carnley v. Cochran [ 369 U.S. 506 , 82 S.Ct. 884 , 8 L.Ed.2d 70 ] ‘Presuming waiver of counsel from a silent record is impermissible. To sustain a claim that counsel was waived, the record must show, or there must be an allegation and evidence which show, that the accused was offered counsel but intelligently and understandingly rejected the offer.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Griffin v. State

2. ““Now on this 16th day of June, 1965, * * *, and the defendant, John B. Noble being personally present in open court, and having waived his right to be represented by an attorney, and having been legally charged with the offense of Burglary in the Second Degree and having been duly informed of the nature of the charge and having been duly arraigned thereon, and having duly and properly entered his plea of guilty to the crime of Burglary in the Second Degree after having been fully advised of his rights and the effect of such plea; and the defendant having been asked by the court whether he has any legal cause to show why judgment and sentence should not be pronounced against him and he stating no sufficient cause why judgment and sentence should not be pronounced against the defendant, and none appearing to the court, it is the judgment of the court that said defendant is guilty of the crime of Burglary in the Second Degree. * * * ””

   1 later decision quote this exact passage · from the majority
   e.g. Noble v. Page

3. ““Presuming waiver [of counsel] from a silent record is impermissible. The rec-cord must show, or there must be an allegation and evidence which show, that an accused was offered counsel but intelligently and understandingly rejected the offer. Anything less is not waiver.””

   1 later decision quote this exact passage · from the majority
   e.g. Trammel v. Page