Tuitt v. Fair’s Empirical Analysis
822 F.2d 166 · 1987
Citation profile
59 federal appellate · 6 district · 20 state decisions
How this case has been cited
Cited by 96 later decisions — most recently December 2019 · most notably United States v. Moya-Gomez (1988), 15 Cal. 4th 1 - People v. Marshall (1997)
59 federal appellate · 6 district · 20 state decisions — followed in 15 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Johnson v. Zerbst · In the Matter of Samuel Winship · Faretta v. California · Wolff v. McDonnell · Chambers v. Maroney
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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“should be made aware of the dangers and disadvantages of self-representation, so that the record will establish that 'he knows what he is doing and his choice is made with eyes wide open.'”
5 later decisions quote this exact passage · from the dissent“[T]he nature of the two rights makes it reasonable to favor the right to counsel which, if denied, leaves the average defendant helpless.”
4 later decisions quote this exact passage · from the dissent“The constitutional right to self-representation necessarily entails a waiver of the constitutional right to be represented by counsel.... When a defendant refuses to waive his right to counsel, while demanding to proceed pro se, the trial court will find it hard to know which constitutional right is being asserted....”
2 later decisions quote this exact passage · from the dissent
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.