400 So. 2d 601 - State v. Cusher’s Empirical Analysis
1981
Citation profile
24 state decisions
How this case has been cited
Cited by 24 later decisions — most recently April 2010
24 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 Boykin v. Alabama · Brady v. United States · McMann v. Richardson · McCarthy v. United States · Blackledge v. Allison
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"... [c]ontain on its face direct evidence that the accused was made aware by the trial judge of his right to a jury trial, his right to confront accusers, and his privilege against compulsory self-incrimination [citation omitted]. To allow any more indirect showing would be to satisfy Boykin's requirement of an affirmative showing of defendant's waiver of his constitutional rights by means of `murky memories'exactly what Boykin indicates is insufficient." Williams, supra, at 781 .”
2 later decisions quote this exact passage · from the dissent“a constitutionally valid guilty plea requires that the defendant expressly and knowingly waive his right to jury trial, confrontation of witnesses and privilege against self-incrimination. Currently in every Louisiana felony case, the trial judge is required to articulate the three rights described in Boykin ....”
2 later decisions quote this exact passage“Louisiana's formulistic interpretation of the requirements of Boykin apparently remains a minority view among other states. The majority of other jurisdictions do not vacate guilty pleas for failure of the record of that plea to affirmatively reflect a waiver of the three constitutional rights mentioned in Boykin . J. E. Bond, Plea Bargaining and Guilty Pleas, Clark Boardman Co., Ltd., New York, N.Y., 1978, § 3.08[2] p. 96.2. Significantly, the United States Supreme Court itself has not, since Boykin , clarified its language in Boykin as mandating the”
1 later decision quote this exact passage · from the concurrencee.g. State v. Warren
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.