431 So. 2d 579 - Ladd v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[i]n the case before us, however, there is a presumption that appellant was not denied counsel. Although the Burgett court cautioned against `[p]resuming waiver of counsel from a silent record,' 389 U.S. at 114 -15 , 88 S.Ct. at 261 -262 , the record in the instant case is not silent. It shows that the Honorable J. *Page 479 Louis Wilkinson appeared as counsel for appellant prior to trial. If appellant contends that Mr. Wilkinson did not represent him at trial, conviction and sentencing, we think he had both the burden and the opportunity of proving that fact."”

   2 later decisions quote this exact passage
   e.g. Jackson v. State · 465 So. 2d 475 - Harrison v. State

2. “Thus, unless it is shown that the accused was represented by counsel, or waived counsel, at the time of his prior conviction, the conviction is not available for consideration under the Habitual Felony Offender Act. Watson v. State , 392 So.2d 1274 , 1279 (Ala.Cr.App. 1980), cert. denied , 392 So.2d 1280 (Ala. 1981).”

   1 later decision quote this exact passage
   e.g. 620 So. 2d 579 - Ex Parte Reese

3. “' "[I]n view of the fact that the record is not 'silent' as to [petitioner's] representation by counsel, he would have the burden of proving otherwise.”

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