State v. Van Sickle’s Empirical Analysis

Citation profile

20 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. “[¶ 15] At a minimum, a defendant must be aware of the dangers and disadvantages of self-representation. On appeal, waiver of the right to counsel will not be found knowingly and intelligently made unless the trial court (1) warns the defendant of the dangers of self-representation or, (2) unless the record indicates circumstances from which this court can find the defendant was aware of the danger and made a knowing and intelligent waiver. While in some cases there may be a record showing a defendant is aware of the pitfalls of self-representation, an admonition from the trial court is preferred as it elimi--nates any doubt.”

   6 later decisions quote this exact passage
   e.g. State v. Bruch · State v. Hirning

2. “(1) presenting a defense is not a simple matter of telling one’s story, but requires adherence to various technical rules governing the conduct of a trial; (2) a lawyer has substantial experience and training in trial procedure and that the prosecution will be represented by an experienced attorney; (3) a person unfamiliar with legal procedures may allow the prosecutor an advantage by failing to make objections to inadmissible evidence, may not make effective use of such rights as the voir dire of jurors, and may make tactical decisions that produce unintended consequences; (4) a defendant proceeding pro se will not be allowed to complain on appeal about the competency of [her] representation; and (5) the effectiveness of [her] defense may well be diminished by [her] dual role as attorney and accused.”

   5 later decisions quote this exact passage
   e.g. State v. Hirning · State v. Chamley

3. “Although a defendant need not himself have the skill and experience of a lawyer in order competently and intelligently to choose self-representation, he should be made aware of the dangers and disadvantages of self-representation, so that the record will establish that “he knows what he is doing and his choice is made with eyes open.” Adams v. United States ex rel. McCann, 317 U.S. [269,] 279, 63 S.Ct. [236,] 242[ 87 L.Ed. 268 (1942) ].”

   2 later decisions quote this exact passage
   e.g. State v. Asmussen · State v. Irvine