Payne 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. “Some courts have concluded that when a defendant proceeds in a hybrid fashion the trial court need not conduct the same inquiry as required when the defendant proceeds pro se without the assistance of counsel. See, e.g., West Virginia v. Layton, 189 W.Va. 470 , 432 S.E.2d 740 (1993) and cases cited therein. Some courts have advocated that an appellate court may retroactively determine to what extent a defendant participated in his own defense, Parren v. State, 309 Md. 260 , 523 A.2d 597 (1987). We believe, however, the better standard is to require that the trial court give the same warnings to a defendant who has standby counsel as to one who does not. The reason for this conclusion is that at the time the trial court is faced with the request from the defendant to represent himself, the court cannot predict how much of his own defense a defendant will conduct; therefore the court cannot predict how much of his right to counsel a defendant will waive. The only way for a trial court to ensure that a defendant is adequately informed of the risks he undertakes in representing himself when the defendant proceeds to trial with co-counsel or standby counsel is to inform the defendant at the beginning of the trial of the dangers of self-representation.”

   1 later decision quote this exact passage
   e.g. 703 So. 2d 504 - Brooks v. State

2. “[t]o avoid reversal in self-representation cases, trial judges will have to mechanistically apply Faretta 's requirement that the defendant be made fully aware of the dangers and disadvantages of self-representation, 422 U.S. at 834-36, 95 S.Ct. at 2541, irrespective of a given defendant's education, experience or general competence.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Dortch v. State

3. “instructed the attorney to do whatever appellant wished him to do.”

   1 later decision quote this exact passage
   e.g. 703 So. 2d 504 - Brooks v. State