People v. Daoud’s Empirical Analysis

Citation profile

2 federal appellate · 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Although engaging in a de novo review of the entire record..., this Court does not disturb a trial court's factual findings regarding a knowing and intelligent waiver of [Sixth Amendment] rights "unless that ruling is found to be clearly erroneous." [ People v. Burrell, 417 Mich. 439, 448 , 339 N.W.2d 403 (1983).] Credibility is crucial in determining a defendant's level of comprehension, and the trial judge is in the best position to make this assessment." Although we review for clear error the trial court's factual findings regarding a defendant's knowing and intelligent waiver of [Sixth Amendment] rights, ... the meaning of "knowing and intelligent" is a question of law. We review questions of law de novo. [ People v. Daoud, 462 Mich. 621, 629-630 , 614 N.W.2d 152 (2000), quoting People v. Cheatham, 453 Mich. 1, 30 , 551 N.W.2d 355 (1996).]”

   2 later decisions quote this exact passage
   e.g. People v. Abraham · People v. Williams

2. “[A suspect] must be warned prior to any questioning [1] that he has the right to remain silent, [2] that anything he says can be used against him in a court of law, [3] that he has the right to the presence of an attorney, and [4] that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.”

   1 later decision quote this exact passage
   e.g. 324 Mich. App. 416 - People of Michigan v. Laricca Seminta Mathews

3. “demonstrate that the accused understood that he did not have to speak, that he had the right to the presence of counsel, and that the state could use what he said in a later trial against him.”

   1 later decision quote this exact passage
   e.g. People v. Al-Yousif