State v. Burden’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. “First, a court should advise the defendant of the right to counsel and to appointed counsel if indigent. Second, the defendant must possess the intelligence and capacity to appreciate the consequences of his or her decision. And third, the defendant must comprehend the charges and proceedings, punishments, and the facts necessary for a broad understanding of the case.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Allen · State v. Trass

2. “by examining the circumstances of each case.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Allen · State v. Kemmerly

3. “To assure the defendant appreciates the consequences of waiving representation by counsel . . . the court [should] explain that the defendant will be held to the same standards as an attorney; that the judge will not assist in or provide advice about presenting a defense; and that it is advisable to have an attorney because many trial 18 techniques, evidence rules, and the presentation of defenses require specialized training and knowledge. [Citation omitted.]”

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