Johnson v. State’s Empirical Analysis

Citation profile

41 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(f) A defendant may voluntarily and intelligently waive in writing the right to counsel. (g) If a defendant wishes to waive his right to counsel, the court shall advise him of the dangers and disadvantages of self-representation. If the court determines that the waiver is voluntarily and intelligently made, the court shall provide the defendant with a statement substantially in the following form, which, if signed by the defendant, shall be filed with and become part of the record of the proceedings: ‘I have been advised this _ day of -, 19 — , by the (name of court) Court of my right to representation by counsel in the trial of the charge pending against me. I have been further advised that if I am unable to afford counsel, one will be appointed for me free of charge. Understanding my right to have counsel appointed for me free of charge if I am not financially able to employ counsel, I wish to waive that right and request the court to proceed with my case without an attorney being appointed for me. I hereby waive my right to counsel, (signature of the defendant)’ ””

   3 later decisions quote this exact passage · from the concurrence
   e.g. Soderman v. State · Hobbs v. State

2. “When a defendant asserts his pro se rights, analysis must center not on a traditional waiver of counsel analysis, but on whether the defendant is aware of the dangers and disadvantages of selfrepresen-tation. Thus the focus of the trial court’s admonishments of a defendant wishing to proceed pro se is on the knowing and intelligent assertion of the right to self-representation. Such is the focus because the right to self-representation does not arise from the accused’s power to waive the assistance of counsel but independently from the Sixth Amendment grant to the accused personally the right to defend.”

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

3. “that there are technical rules of evidence and procedure, and he will not be granted any special consideration solely because he asserted his pro se rights.”

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