Leonard H. Lundberg v. Raymond J. Buchkoe, Warden’s Empirical Analysis

Citation profile

17 federal appellate · 6 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Michigan the ‘preliminary examination has for its limited purpose only the determination by a magistrate whether there is probable cause to bind the defendant over for trial.... ’ People v. Zaleski, 375 Mich. 71, 81-82 , 133 N.W.2d 175 (1965); See People v. Podolski, 332 Mich. 508, 518 , 52 N.W.2d 201 , cert. denied, 344 U.S. 845 , 73 S.Ct. 62 , 97 L.Ed. 657 (1952). In light of the above principles, it cannot be said that Michigan’s arraignment and preliminary examination proceedings, in and of themselves, constitute a critical stage of the proceedings. Nor were there any special circumstances in appellant’s case which might suggest that the proceedings were critical; no plea or statement was in fact obtained from appellant at his arraignment and, aside from his right not to be held in custody absent probable cause, appellant neither lost nor waived any right or defense. The fact that appellant might have received some collateral benefit in the form of pretrial discovery had he not waived examination is immaterial. See Wilson v. Harris, supra; United States ex rel. Cooper v. Reincke, 333 F.2d 608 (2nd Cir.), cert. denied, 379 U.S. 909 , 85 S.Ct. 205 , 13 L.Ed.2d 181 (1964). Appellant’s claim that his conviction is invalid because of the denial of the assistance of counsel at his arraignment proceedings is thus rejected.”

   1 later decision quote this exact passage · from the majority
   e.g. 347 F. Supp. 2d 474 - Doyle v. Scutt