Brown v. Wainwright’s Empirical Analysis
665 F.2d 607 · 1982
Citation profile
83 federal appellate · 4 district · 68 state decisions
How this case has been cited
Cited by 206 later decisions (1 by the Supreme Court) — most recently March 2025 · most notably 15 Cal. 4th 1 - People v. Marshall (1997), 39 Cal. 4th 970 - People v. Lewis (2006)
83 federal appellate · 4 district · 68 state decisions — followed in 27 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Johnson v. Zerbst · Faretta v. California · Gideon v. Wainwright · Brady v. United States · Fuentes v. Shevin
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 206 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“While the right to counsel is in force until waived, the right of self-representation does not attach until asserted.”
13 later decisions quote this exact passage · from the majoritye.g. Gill v. Mecusker · State v. Meyers“Although a defendant need not 'continually renew his request to represent himself even after it is conclusively denied by the trial judge,' he must pursue the matter diligently.”
11 later decisions quote this exact passage · from the majority“a defendant's 'pre-trial decision to Proceed with counsel does not constitute an absolute waiver of his right to represent himself,' once the right, to self-representation has been asserted, it "may be waived through conduct indicating that one is vacillating on the issue or has abandoned one's request altogether.”
8 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.