Brickert v. State’s Empirical Analysis
1996
Citation profile
1 federal appellate · 8 state decisions
How this case has been cited
Cited by 10 later decisions — most recently June 2017
1 federal appellate · 8 state decisions
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 Fitzgerald v. State · Rzeszutek v. Beck · Leonard v. State · Timm v. State · Houston v. State
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“at all relevant times, Brickert asserted his right to employ private counsel and represented (misrepresented) to the tri al court that he would obtain the services of a certain private counsel. In this context, an advisement of the dangers of self-representation would be superfluous. On the day of trial, when Briekert was required to defend himself pro se, such an advisement would again have been superfluous because, at that point, it was too late to obtain counsel. Similarly, we cannot fault the trial court for not creating a record that it had specifically warned Briekert that he would be required to proceed pro se if he did not obtain private counsel. Without question, that consequence was obvious under the circumstances. Briekert was given notice of every trial date scheduled in this matter, and continuously represented that he would hire an attorney to represent him at the trial. It was obvious that, if Briekert were to have a private attorney represent him at the scheduled trial, he would have to hire one.... Actions often speak louder than words, and the record before us is not silent on the issue of whether Briekert knowingly, intelligently, and voluntarily waived his right to counsel. Briekert unequivocally waived his right to counsel by his conduct, which as discussed above, can only be interpreted as an attempt to frustrate the judicial process and avoid being brought to trial. See Houston, 553 N.E.2d at 118 . Therefore, we cannot conclude that the trial court abus”
1 later decision quote this exact passagee.g. Poynter v. State“[Houston] was adequately warned by the trial court that if he chose not to employ private counsel, he would represent himself and would be given advisory counsel. Because [Houston] did not retain private counsel, he must have elected to proceed with advisory counsel only.”
1 later decision quote this exact passagee.g. Poynter v. State
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.