Stokes v. Scutt’s Empirical Analysis
2011
Citation profile
3
cited by 3 later decisions
September 2014
most recently cited
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Johnson v. Zerbst · Williams v. Taylor · Penson v. Ohio · Coleman v. Thompson · Brecht v. Abrahamson
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Defendant ... filed an appeal in the Court of Appeals raising the ‘waiver of counsel’ issue, which court denied defendant’s application on the grounds that defendant had “failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).” Defendant now seeks leave to appeal in this Court raising the ‘waiver of counsel’ issue and we deny leave to appeal for the same reason. As set forth above, the [federal] district court was apparently under the mistaken belief that defendant had not raised his ‘waiver of counsel’ issue in the state courts. In any event, having reviewed the written ‘waiver of counsel’ form signed by defendant on October 12, 2004, and the 24 pages of transcript that consisted of two separate extended discussions with defendant over the course of two days, we agree with the trial court that defendant’s waiver was unequivocal. Even if this issue was being considered by this Court in the first instance, we would still deny relief from judgment because defendant has not established actual prejudice. MCR 6.508(D)(3)(b). In this latter regard, we note that even though defendant represented himself at trial, his former counsel conducted voir dire and otherwise assisted him as standby counsel throughout the trial.”
1 later decision quote this exact passage“MR. HARRIS: Your Honor, a few days ago I met with Mr. Stokes. And he submitted to me several pages of questions which he has asked me to direct to the witnesses in this matter. He’s also written out a closing argument, which he has requested that I give. I told Mr. Stokes that while I appreciated his assistance, I was not going to be limited to the questions he propounded or the argument that he prepared. I told that again to Mr. Stokes today. And Mr. Stokes is upset. He thinks that I am not properly representing him. And he wants either another lawyer or he wishes to represent himself.”
1 later decision 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.