Archie v. State’s Empirical Analysis

Citation profile

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

1. “On this the 26th day of March, 1990, the above entitled and numbered cause was again called for the purpose of having the sentence of law pronounced therein in accordance with the judgment therein rendered on the 26th day of February, 1990, and Defendant and Defendant's counsel, (Defendant having knowingly, intelligently and voluntarily waived his right to counsel, and the Court having so found) and the State's attorney.... Article 1.051(g) of the Texas Code of Criminal Procedure provides: 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 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 to 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) Tex.Code Crim.Proc.Ann. ar”

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

2. ““The court advised appellant the rules of evidence and procedure as applied to lawyers would also apply to him. The court also informed appellant it would treat his objections in exactly the same manner as a lawyer’s objections. In addition, the court admonished appellant he would be under the same rules of procedure and conduct required of a lawyer. Furthermore, the court warned appellant it would not ‘cut [him] any slack’ and would ‘hold [him] to one hundred percent the same standard’ to which a lawyer would be held. Finally, the court cautioned appellant the appellate court would also not ‘cut him any more slack than they would for a regular lawyer.’ ””

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

3. ““Moreover, the court had no obligation to provide appellant with the waiver form suggested in article 1.051(g). Johnson v. State, 760 S.W.2d 277, 290 (Tex.Cr.App.1988). Furthermore, the record reflects that appellant made no objection to the trial court’s failure to provide the form. Williams v. State, 774 S.W.2d [703,] at 705 citing TEX.R.APP.P. 52(a). Even if the form is required as a matter of right, a defendant in a criminal prosecution may waive any rights secured him by law except the right to trial by jury in a capital felony case. TEX.CODE CRIM. PROC.ANN. art. 1.14(a).””

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