593 So. 2d 447 - State v. Brew’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “State v. Santiago, 416 So.2d 524 (La. 1982) [,] holds that the record must conclusively show that a defendant was advised of his right to a trial by jury and that he waived it. A record only evidencing a general advisement of the right to trial by jury and the waiver thereof does not affirmatively show that the defendant knowingly and voluntarily waived his right to trial by jury. State v. Age, 417 So.2d 1183 (La.1982). The following excerpts reveal the only instances where the trial court mentioned a jury trial at Brew's 1984 guilty plea: Q: At any jury trial you have the right to confront your accusers and to compel testimony on your behalf from your witnesses. By entering this plea of guilty you are waiving or giving up these rights. Do you understand that? A: Yes Sir. . . . . Q: If you were to go to trial and in the event of a conviction, that is, if the jury finds you guilty, you would have the right to an appeal. And again, in the event of an appeal, if you could not afford an attorney one would be appointed for you which would not cost you anything, by entering a plea of guilty you are waiving or giving up their [sic] rights; do you understand that? A: Yes Sir. The trial judge failed to specifically inform Brew of his right to a trial, much less a jury trial; he never specifically told Brew that by pleading guilty he was waiving his right to a trial, much less a jury trial. Thus, he failed to obtain Brew's waiver of a jury trial on the record.”

   1 later decision quote this exact passage
   e.g. 827 So. 2d 1277 - State v. Stewart