State v. Murray’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Whether to allow a criminal defendant to waive the right to counsel is one of the most sensitive rulings a trial court must make. A criminal defendant will likely appeal either decision. Whether a defendant’s waiver is made knowingly or intelligently depends on the particular facts and circumstances of the case. This test considers .the background, experience, and conduct of the defendant. While there is no rigid procedure or script to follow, a trial court should explore certain areas of inquiry to ensure the waiver is knowing and intelligent. First, a trial court should inquire'into the defendant’s capacity to make an intelligent decision and his knowledge of his own situation. Second, a trial court should make certain that the defendant understands the possible penalties if convicted. Third; a trial court should be sure that the defendant understands exactly what rights and privileges the defendant is waiving and the dangers associated with waiving constitutional rights.”

   1 later decision quote this exact passage
   e.g. STATE OF MISSOURI, Plaintiff-Respondent v. TERRY GLENN FRITZ

2. “A constitutional claim must be made at the first opportunity to be preserved for review.”

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