Seniours v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Whenever a defendant proceeds pro se, it is incumbent upon the trial court to determine if the waiver of the right to counsel is made knowingly and voluntarily. Kirkham v. State [, 509 N.E.2d 890, 892 (Ind.Ct.App.1987) ]. To make such a determination, the trial court must conduct a hearing to determine the defendant’s competency to represent Mmself and also to establish a record of the waiver. Dowell [v. State, 557 N.E.2d 1063, 1066 (Ind.Ct.App.1990)]. The record must show that the defendant was made aware of the “nature, extent, and importance” of the right to counsel and the necessary consequences of waiving such a right. Kirkham[, 509 N.E.2d at 892 ]. “Merely making the defendant aware of his constitutional right is insufficient.” Id. “[T]he trial court should inquire into the educational background of the defendant, the defendant’s familiarity with legal procedures and rules of evidence, and additionally, into the defendant’s mental capacity if there is any question as to the defendant’s mental state.” Dowell [, 557 N.E.2d at 1067 ], However, the trial court need not specifically inquire into each of the guidelines enunciated in Dowell.”

   1 later decision quote this exact passage
   e.g. Greer v. State

2. “The facts of the present case show that the trial court repeatedly urged [the defendant] in no uncertain terms to secure an attorney, provided him with lists of attorneys to contact, and postponed trial several times in order to give [the defendant] every opportunity to have benefit of counsel. The court hammered upon the seriousness of the charges and the potential fines and terms of imprisonment facing [the defendant]. Indeed, it may be said that prior to trial the court bent over backwards to accommodate [the defendant] and to comply with the requirements of due process. Nonetheless, there is nothing in the record to show that [the defendant] voluntarily, knowingly, and intelligently chose to represent himself.”

   1 later decision quote this exact passage
   e.g. Greer v. State

3. “. conduct a hearing to determine the defendant's competency to represent himself and also to establish a record of the waiver. The record must show that the defendant was made aware of the nature, extent, and importance of the right to counsel and the necessary consequences of waiving such a right. Merely making the defendant aware of his constitutional right is insufficient. The trial court should inquire into the educational background of the defendant, the defendant's familiarity with legal procedures and rules of evidence, and additionally, into the defendant's mental capacity if there is any question as to the defendant's mental state.”

   1 later decision quote this exact passage
   e.g. Frederick v. State