State v. Walker’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Pursuant to Maryland law, two options are available to defendants in criminal cases who are financially unable to retain their own counsel. Davis v. State, 100 Md.App. 369, 380 , 641 A.2d 941 (1994). The defendant may seek representation from the Public Defender’s Office. Section 16-210(a) of the Criminal Procedure Article (“C.P.”) of the Maryland Code (2001, 2008 Repl.Vol.) provides that “[a]n individual may apply for services of the Office as an indigent individual, if the individual states in writing under oath or affirmation that the individual, without undue financial hardship, cannot provide the full payment of an attorney[.]” Eligibility for Office of the Public Defender’s services shall be determined by the need of the applicant, which “shall be measured according to the financial ability of the applicant to engage and compensate a competent private attorney and to provide all other necessary expenses of representation.” Section 16-210(b)(l)-(2). The statute lists six factors in determining an applicant’s financial ability: (1) the nature, extent, and liquidity of assets; (2) the disposable net income of the applicant; (3) the nature of the offense; (4) the length and complexity of the proceedings; (5) the effort and skill required to gather pertinent information; and (6) any other foreseeable expense. Section 16—210(b)(3)(i)—(vi). Additionally, defendants may seek representation from a court-appointed attorney. C.P. § 16-213 provides that “[t]his subtitle does not pr”

   1 later decision quote this exact passage
   e.g. 217 Md. App. 429 - Westray v. State

2. “The Sixth Amendment to the United States Constitution provides that in all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence. The Due Process Clause of the Fourteenth Amendment guarantees the same right to the assistance of counsel, including the right to the appointment of counsel in the case of the indigent defendant, in state criminal prosecutions!.] Central to the cases dealing with the right to counsel is the recognition that the assistance of a lawyer is essential to assure a fair trial!.] Consequently, because essential fairness is lacking if an accused cannot put his case effectively in court ... and because it is unlikely that an accused will be able to present his case effectively without the assistance of counsel, a conviction cannot be allowed to stand where the accused is not represented at trial by counsel unless it be determined that there was an intelligent and competent waiver by the accused!.] To assure protection of so fundamental a right, courts indulge every reasonable presumption against waiver ... and do not permit waiver to be presumed from a silent record!.] It must appear affirmatively on the record that the accused was offered counsel but intelligently and understandingly rejected the offer. (Citations and quotation marks omitted.)”

   1 later decision quote this exact passage
   e.g. Grandison v. State

3. “two options available for defendants in criminal cases who are financially unable to retain their own counsel. The first option is representation by the Public Defender’s Office as authorized by Maryland Code [ (2001, 2008 Repl.Vol., 2012 Supp.), § 16-210 of the Criminal Procedure Article (Public Defender Act) ]. If the Public Defender’s Office determines it is unable to represent a defendant due to his or her income, the court must conduct its own inquiry as to whether the defendant qualifies for a court-appointed counsel.”

   1 later decision quote this exact passage
   e.g. 217 Md. App. 429 - Westray v. State