Ex Parte Windham’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The Supreme Court has long recognized that an accused `should be afforded *Page 1256 a fair opportunity to secure counsel of his own choice.' [Citations omitted.] However the right to obtain counsel of one's own choice is neither unqualified nor absolute. [Citations omitted.] Thus that right must be balanced with a trial court's need for prompt and efficient administration of justice. "In reviewing the circumstances of each case various factors must be weighed against one another. While not a complete listing, some of the factors include the following: (1) the length of the delay requested, (2) whether other continuances were requested and whether they were denied or granted, (3) the length of time in which the accused's counsel had to prepare for trial, (4) whether another competent attorney was prepared to try the case, (5) the balanced convenience or inconvenience to the witnesses, the opposing counsel, and the trial court, (6) whether the delay is for legitimate or contrived reasons, (7) whether the case was complex or simple, (8) whether a denial of the motion resulted in some identifiable harm to the defendant, (9) the quality of legal representation actually provided. [Citations omitted.] In addition to all of these factors, it must be remembered that the public interest in the fair and orderly administration of justice may be greater than a defendant's right to have counsel of his choice. [Citations omitted.]" 634 S.W.2d at 720 .”

   6 later decisions quote this exact passage · from the majority
   e.g. Gilmore v. State · Rosales v. State

2. “"A court cannot be expected to be constantly rearranging its schedule, with the subsequent impact upon others appearing before the court, when informed on the day set for trial that it is an inconvenient time for the defendant's counsel. To allow this would have the courts making time for the convenience of the attorney. We therefore conclude that in view of the entirety of the circumstances, the trial court did not abuse its discretion." (Citation omitted.) 634 S.W.2d at 721 .”

   1 later decision quote this exact passage · from the majority
   e.g. 480 So. 2d 1254 - Mitchell v. State