Nation v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[T]he waiver of the right to the assistance of counsel must be shown to have been voluntarily, knowingly, and intelligently made. Johnson v. Zerbst, (1938) 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 . It is the duty of the trial court to establish a record which shows that an accused who has elected to waive counsel and proceed pro se has done so voluntarily, knowingly, and intelligently. This court cannot infer a voluntary and intelligent waiver of this fundamental constitutional right from a silent record. Johnson v. Zerbst; Faretta [v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 462 ] Grubbs v. State, (1970) 255 Ind. 411 , 265 N.E.2d 40 ; Wallace v. State, (1977) 172 Ind.App. 535 , 361 N.E.2d 159 . “The record must affirmatively show the defendant was expressly advised of both his right to the assistance of counsel and the disadvantages of self-representation in clear and unambiguous language. Mitchell v. State, (1981) Ind.App., 417 N.E.2d 364 ; McDandal v. State, (1979) Ind.App., 390 N.E.2d 216 ; Wallace v. State. “The record in this case is deficient under this standard. It fails to show the trial court informed Nation of his right to the assistance of counsel.””

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