Augsberger v. State’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a]s a practical matter, a trial judge's inquiry into a defendant's complaint of incompetence of counsel can be only as specific and meaningful as the defendant's complaint.”

   2 later decisions quote this exact passage
   e.g. Merelus v. State · 754 So. 2d 89 - Tucker v. State

2. “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.”

   1 later decision quote this exact passage
   e.g. 29 So. 3d 1184 - MADERSON v. State

3. “nothing more than an expression of general loss of confidence or trust which, standing alone, does not require withdrawal of counsel.”

   1 later decision quote this exact passage
   e.g. 754 So. 2d 89 - Tucker v. State