State v. Toothman’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. “'[a] single, open-ended question by the trial court may suffice if it provides the defendant with the opportunity to explain a conflict of interest, an irreconcilable disagreement, or an inability to communicate with counsel.'”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Z.M. · 63 Kan. App. 2d 799 - State v. Waterman

2. “'[W]hen "an appellate court raises a new issue sua sponte, counsel for all parties should be afforded a fair opportunity to brief the new issue and to present their positions to the appellate court before the issue is finally determined.”

   1 later decision quote this exact passage
   e.g. State v. Gutierrez-Fuentes

3. “'(1) the basis for the defendant's dissatisfaction with counsel and (2) the facts necessary for determining if that dissatisfaction warrants appointing new counsel, that is, if the dissatisfaction is”

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