James v. Brigano’s Empirical Analysis

Citation profile

8 federal appellate · 2 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “was attempting to deal with appointed counsel that had stated he was unprepared to go to trial and a trial court judge intent on going forward with trial regardless of appointed counsel’s preparedness. As such, [petitioner’s] waiver was not made knowingly and intelligently, with “eyes wide open”; the choice between unprepared counsel and self-representation is no choice at all. Fowler v. Collins, 253 F.3d 244, 249-50 (6th Cir.2001) (citing Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975)). Contrary to the Warden’s assertions, Fowler is not based on a reading of Von Moltke v. Gillies, 332 U.S. 708 , 68 S.Ct. 316 , 92 L.Ed. 309 (1948), but instead on an application of Faretta , which looks at all of the circumstances surrounding waiver of counsel to ensure that such waiver was knowing and intelligent.”

   1 later decision quote this exact passage · from the majority
   e.g. 168 F. Supp. 3d 954 - Pouncy v. Palmer