State v. Casey’s Empirical Analysis
1969
Citation profile
34 state decisions
How this case has been cited
Cited by 34 later decisions — most recently August 2021 · most notably Wong v. Among (1970), State v. Murray (2007)
34 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Johnson v. Zerbst · Carnley v. Cochran · Von Moltke v. Gillies · Patton v. United States · Diaz v. United States
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This right ... is one of the fundamental personal rights guaranteed to an accused both in the constitution of the State of Hawaii and the United States Constitution. Such right may be waived. Diaz v. United States, 223 U.S. 442, 450 , 32 S.Ct. 250 , 56 L.Ed. 500 (1912). But waiver is never presumed. Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938). For an effective waiver, there must be express and intelligent consent on the part of the accused. Patton v. United States, 281 U.S. 276 , 312, 50 S.Ct. 253 , 74 L.Ed. 854 (1930). Whether there has been such waiver should be determined by the trial court upon penetrating and comprehensive examination. Von Moltke v. Gillies, 332 U.S. 708, 723 , 68 S.Ct. 316 , 92 L.Ed. 309 (1948). That the accused waived his right with full understanding of the nature of his action must appear of record. Johnson v. Zerbst, supra; Von Moltke v. Gillies, supra. Presuming waiver from a silent record is not permissible. Carnley v. Cochran, 369 U.S. 506, 516 , 82 S.Ct. 884 , 8 L.Ed.2d 70 (1962). Here, the waiver, if it is effective at all, must stand on counsel's action, not on any action of appellant. Before approving the stipulation, the court did not inquire of appellant whether she authorized or acquiesced in it, or understood its import... . There are cases which sanction defense counsel's waiver of certain aspects of the right ..., where such waiver is considered as a matter of trial tactics and procedure. [Citations omitt”
1 later decision quote this exact passagee.g. State v. Olivera“goes beyond the bounds of trial tactics and procedure, and impinges significantly on constitutionally guaranteed right.”
1 later decision quote this exact passagee.g. State v. Wilson“must be the personal action of the beneficiary of right”
1 later decision quote this exact passagee.g. State v. Wilson
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.