Mack v. State’s Empirical Analysis

Citation profile

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

1. “1. The trial court erred in failing to conduct an adequate Nelson inquiry to sufficiently explore the defendant’s allegations of incompetency of and conflict with court-appointed counsel and failed to advise defendant of his right to self-representation; 2. The trial court erred in failing to grant a continuance; 3. The trial court erred in failing to conduct a hearing to determine whether Petitioner’s post-arrest custodial statement was voluntary; 4. The trial court erred in failing to advise Petitioner of his constitutional right to testify notwithstanding defense counsel’s advice; 5. The trial court erred in precluding Petitioner from eliciting the exculpatory portion of his post-arrest statement; 6. The trial court erred in convicting and sentencing Petitioner for the unlawful display of a firearm where the offense arose from the robbery charge during the commission of a felony and where the offense arose from the same incidents upon which his conviction for robbery with a firearm was based; 7. The trial court erred in adjudicating Petitioner an habitual offender, and; 8. The trial court erred in sentencing Petitioner as an habitual offender where the court indicated there was no discretion in applying the habitual offender statute’s permissive penalties.”

   1 later decision quote this exact passage · from the majority
   e.g. 142 F. Supp. 2d 1369 - MacK v. Singletary