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← 760 SO2D 774 - Wardley v. State

Wardley v. State’s Empirical Analysis

1999

Citation profile

7
cited by 7 later decisions
2
states following
May 2011
most recently cited

6 state decisions

Relationships

Relies on Strickland v. Washington · Boykin v. Alabama · Faretta v. California · Fay v. Noia · Adams v. United States Ex Rel. McCann

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

  1. “"There is no evidence that [the defendant] participated in the waiver of Batson . However, `a party is bound by the acts of his attorney.' Stringer v. State, 627 So.2d 326, 330 (Miss.1993). There are instances in which a defendant's personal waiver is required. Winters v. Cook, 489 F.2d 174, 178 (5th Cir.1973). The exceptional circumstances that have been identified as requiring a defendant's personal waiver of a relevant right may be grouped into two broad categories: first, where there is evidence of fraud, or gross negligence or incompetence on the part of the defendant's attorney; and, second, where an inherently personal right of fundamental importance is involved. Id. Among those rights which are considered personal fundamental rights are the decision whether to plead guilty or proceed to trial, Boykin v. Alabama, 395 U.S. 238, 242-43 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); the decision whether to be tried by judge or jury, Adams v. United States ex rel. McCann, 317 U.S. 269, 275 , 63 S.Ct. 236 , 87 L.Ed. 268 (1942); the decision whether to appeal, Fay v. Noia, 372 U.S. 391, 439-40 , 83 S.Ct. 822 , 9 L.Ed.2d 837 (1963); and the decision whether to forego [sic] the assistance of counsel Faretta v. California, 422 U.S. 806, 819 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975). However, `the right to be indicted or tried by a constitutionally composed jury is not one of the rights traditionally considered so inherently personal that only the defendant may waive.' Winters, 489 F.2d”
    2 later decisions 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.