State v. Whiteman’s Empirical Analysis

Citation profile

17 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In criminal prosecutions in any court whatever, the' party accused shall have the right to a speedy and public trial; * * * and to appear and defend in person and with counsel. * * * North Dakota Constitution § 13. In all criminal cases in the county court having increased jurisdiction, when it is satisfactorily shown to the court that the defendant has no means and is unable to employ counsel, the court shall assign counsel for the defense * * *. N.D.C.C. § 27-08-31. In all criminal actions when it is satisfactorily shown to the court that the defendant has no means and is unable to employ counsel, the court shall appoint and assign counsel for his defense N.D.C.C. § 29-01-27. If a defendant appears for arraignment without counsel, he must be informed by the court that it is his right to have counsel before being arraigned and must be asked if he desires the aid of counsel. If he desires, and is unable to employ, counsel, the court must assign counsel to defend him. Counsel so assigned shall serve without cost to the defendant * * *. N.D.C.C. § 29-13-03.”

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

2. ““When the record is completely and fully scrutinized, it indicates that Whiteman waived counsel because he felt that under all circumstances he could not procure the appointment of counsel. “The defendant is an Indian citizen, 25 years of age, with only a grade school education. He was confronted by the most serious crime under our law. He had no one with whom to counsel or from whom to seek advice to protect his legal rights. He had been detained in an atmosphere of hostility of which the trial court was not aware. He had been subjected to intimidations, threats and even violence, and the evidence bears out that he felt that there was nothing he could do except to plead guilty to the information charging him with murder in the first degree. He felt that he had but one alternative. It was a waiver compelled by a lack of choice, arising out of necessities of the circumstances. “A waiver of counsel based On these conditions cannot be said to be freely and understandingly made.””

   1 later decision quote this exact passage
   e.g. State v. O'NEILL

3. “Where an original confession is involuntary or secured by improper means, subsequent confessions of the same crime, though made to persons other than those to whom the original was made, are inadmissible as evidence, unless it appears from lapse of time, or otherwise, the influence which induced the original confession had been removed and the party confessing was no longer dominated by such influence.”

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