675 So. 2d 408 - Ex Parte Walker’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““These facts are analogous to a factual setting where a nonindigent criminal defendant procures counsel of his or her choice. A trial judge would have no authority to bar that attorney from representing that defendant, so long as that attorney was qualified to practice law in this State and the representation would not frustrate the public interest in the fair and efficient administration of justice. The fact that Ms. Walker has inadequate resources to hire an attorney should be of no consequence, if she can secure representation at no expense to the State. Just as a defendant who can pay for legal counsel has a right to choose his or her own attorney, an indigent defendant can choose to be represented by an attorney who offers to represent the defendant at no expense to the State.””

   2 later decisions quote this exact passage
   e.g. State v. Pace · 913 So. 2d 460 - Hamm v. State

2. ““Ms. Walker asserts that the failure of the trial judge to substitute counsel of her choice is an abuse of discretion, contending that the ruling violates her Sixth Amendment right to counsel. In support of this contention, Ms. Walker cites numerous federal cases that address the issue of whether an indigent criminal defendant has a right to choose the attorney appointed to represent him. See, e.g., United States v. Padillar-Martinez, 762 F.2d 942 (11th Cir.), cert. denied, 474 U.S. 952 , 106 S.Ct. 320 , 88 L.Ed.2d 302 (1985); Birt v. Montgomery, 725 F.2d 587 (11th Cir.1984); Gandy v. Alabama, 569 F.2d 1318 (5th Cir.1978). Although these cases acknowledge that an indigent defendant has a right to request counsel of his or her choice, the law is clear that the right of an indigent defendant to choose counsel is not absolute. In determining whether an indigent defendant is entitled to choose his or her appointed counsel, a trial court must balance this request against a number of factors to determine whether the request would frustrate the public interest in the prompt and efficient administration of the criminal justice system.””

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

3. “The evidence indicates that [counsel] timely filed for admission pro hac vice, that she is willing to serve in a pro bono capacity, and that she does not desire to delay Pace's trial or to disrupt the trial proceedings.”

   1 later decision quote this exact passage
   e.g. 913 So. 2d 460 - Hamm v. State