Lefevre v. Cain’s Empirical Analysis
586 F.3d 349 · 2009
Citation profile
4 federal appellate ·
Appellate journey
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Faretta v. California · McKaskle v. Wiggins · Deck v. Missouri · United States v. Fields · Frantz v. Hazey
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[A] defendant can waive his Faretta rights, either by expressly requesting standby counsel’s participation on a matter or by acquiescing in certain types of participation by counsel, even if the defendant insists that he is not waiving his Faretta rights .... [0]nce a pro se defendant invites or agrees to any substantial participation by counsel, subsequent appearances by counsel must be presumed to be with the defendant’s acquiescence, at least until the defendant expressly and unambiguously renews his request that standby counsel be silenced .... [Sjtandby counsel’s participation [must] be ‘over the defendant’s objection’ in order to erode the defendant’s Faretta rights.””
1 later decision quote this exact passage · from the majority
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.