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← 672 NW2D 805 - State v. Liddell

State v. Liddell’s Empirical Analysis

2003

Citation profile

33
cited by 33 later decisions
1
states following
June 2018
most recently cited

33 state decisions

Relationships

Relies on Strickland v. Washington · State v. Comer · United States v. Robertson · United States v. Martin · McGurk v. Stenberg

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

  1. “[i]n conducting an in-court colloquy, it is important to recognize the ultimate standard to be complied with is whether the waiver is knowing, voluntary, and intelligent. To this end, a court should ascertain whether the defendant understands the difference between jury and non-jury trials, through an in-court colloquy. This inquiry may involve informing the defendant: 1.Twelve members of the community compose a jury; 2. The defendant may take part in jury selection; 3. Jury verdicts must be unanimous; 4. The court alone decides guilt or innocence if the defendant waives a jury trial; and 5. Neither the court nor the prosecution will reward the defendant for waiving a jury trial. We must point out, however, that these five subjects of inquiry are not “black-letter rules” nor a “checklist” by which all jury-trial waivers must be strictly judged. They merely point towards a knowing, voluntary, and intelligent waiver. The ultimate inquiry remains the same: whether the defendant’s waiver is knowing, voluntary, and intelligent. ... Substantial compliance is acceptable.”
    4 later decisions quote this exact passage
  2. “it would be patently unfair to adjudge Liddell’s counsel ineffective for failing to foresee [that] decision, which diverges from precedent. “Counsel need not be a crystal gazer; it is not necessary to know what the law will become in the future to provide effective assistance of counsel.””
    1 later decision quote this exact passage

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.