State v. Bunyard’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Bunyard filed multiple pro se motions during the pendency of his prosecution. Then-admittedly at the eleventh hour and only when prompted by what may have been intended as a rhetorical question by an all-but-fully-exasperated trial judge-Bunyard made more than one clear statement that he wished to proceed pro se. Despite this expressly 'unequivocal' invocation of his right to self-representation, the district judge did not counsel Bunyard with a view toward ascertaining Bunyard's informed wishes. Rather, the judge put off addressing Bunyard's request, saying that he would not address it at all unless Bunyard filed a written motion. Bunyard had no practical way to file a written motion over the weekend , and the judge's demand for such a motion appeared to leave Bunyard ... without recourse on the issue. In this context, Bunyard's silence on Monday when other pro se motions were heard was understandable. He had been left with a firm impression that he would not be permitted to represent himself. His failure to reassert his right to do so in such circumstances and his allowance of counsel's representation during the trial did not amount to an implicit decision not to pursue self-representation. "Bunyard's pretrial requests to represent himself were not, as the State argues, 'simply based on his desire to ensure that certain arguments were advanced on his behalf.' The record certainly demonstrates that he believed he had information and argument not being explained on Friday by”

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

2. “'[A] district court cannot effectively filibuster a criminal defendant's spontaneous request for self-representation by refusing to rule on the request or by imposing requirements that the defendant reassert that request in a detailed written form or in successive hearings to secure a ruling.'”

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

3. “The United States Supreme Court has held 'that the Sixth Amendment, as made applicable to the states by the Fourteenth Amendment, guarantees that a defendant in a state criminal trial has an independent constitutional right to self-representation.'”

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