Kearse v. State’s Empirical Analysis

1992

Citation profile

cited by 29 later decisions

states following

December 2018

most recently cited

29 state decisions

How this case has been cited

Cited by 29 later decisions — most recently December 2018 · most notably Augsberger v. State (1995), Hardy v. State (1995)

29 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 Faretta v. California · MacArthur Co. v. Johns-Manville Corp. · First National Bank v. Dickinson · Thompson v. Louisiana · 274 So. 2d 256 - Nelson v. State

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

“[Wjhere a defendant, before the commencement of trial, makes it appear to the trial judge that he desires to discharge his court appointed counsel, the trial judge, in order to protect the indigent’s right to effective counsel, should make an inquiry of the defendant as to the reason for the request to discharge. If incompetency of counsel is assigned by the defendant as the reason, or a reason, the trial judge should make a sufficient inquiry of the defendant and his appointed counsel to determine whether or not there is reasonable cause to believe that the court appointed counsel is not rendering effective assistance to the defendant. If reasonable cause for such belief appears, the court should make a finding to that effect on the record and appoint a substitute attorney who should be allowed adequate time to prepare the defense. If no reasonable basis appears for a finding of ineffective representation, the trial court should so state on the record and advise the defendant that if he discharges his original counsel the State may not thereafter be required to appoint a substitute.”
3 later decisions quote this exact passage
e.g. Mosley v. State · 29 So. 3d 1184 - MADERSON v. State
“[A] person need not be schooled in the law in order to competently elect to represent himself.”
2 later decisions quote this exact passage
e.g. 664 So. 2d 1101 - Visage v. State · 616 So. 2d 150 - Crystal v. State
“The request to proceed pro se must be clear and unequivocal.”
2 later decisions quote this exact passage
e.g. 766 So. 2d 288 - Lewis v. State · 877 So. 2d 893 - Holley v. State

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.