Coughlin v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]t is the lack of counsel, coupled with the absence of a knowing and intelligent waiver thereof, that acts to deny the defendant counsel and to jurisdictionally bar his prosecution.”

   6 later decisions quote this exact passage · from the dissent
   e.g. Woodruff v. City of Pelham · Baker v. State

2. “' Coughlin v. State , 842 So.2d 30 , 33-35 (Ala. Crim. App. 2002). Similarly, in Tomlin v. State , 601 So.2d 124 (Ala. 1991), the Alabama Supreme Court stated: " ' "In Faretta v. California , 422 U.S. 806 , [ 95 S.Ct. 2525 , 45 L.Ed.2d 562 ] (1975), the Supreme Court held that a defendant has a Sixth Amendment right to represent himself in a criminal case. In order to conduct his own defense, the defendant must 'knowingly' and 'intelligently' waive his right to counsel, because in representing himself he is relinquishing many of the benefits associated with the right to counsel. Faretta , 422 U.S. at 835 , [ 95 S.Ct. 2525 ]. The defendant '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 open.”

   4 later decisions quote this exact passage · from the dissent
   e.g. Baker v. State · Flagg v. State

3. “cannot be presumed from a silent record.”

   1 later decision quote this exact passage · from the dissent
   e.g. Woodruff v. City of Pelham