873 So. 2d 795 - State v. Bush’s Empirical Analysis
2004
Citation profile
6
cited by 6 later decisions
1
states following
July 2015
most recently cited
6 state decisions
Relationships
Relies on State v. Oliveaux · State v. Weiland · 738 So. 2d 556 - State v. Carlos · 721 So. 2d 843 - State v. Stevison · State v. Dejean
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An uncounseled misdemeanor conviction, absent a valid waiver of counsel, may not serve as the predicate for enhancement of a subsequent DWI offense. See, State v. Stevison, 97-3122 (La.10/30/98), 721 So.2d 843, 844 . The State bears the burden of proving that an unrepresented defendant knowingly and intelligently waived his right to counsel before pleading guilty to a predicate misdemeanor DWI that is used to enhance a subsequent DWI offense. See, State v. Boudreaux, 99-1017 (La.App. 5 Cir. 2/16/00) , 756 So.2d 505, 508 . Accord, State v. Rodrigue, 01-377 (La.App. 5 Cir. 8/28/01) , 795 So.2d 488, 493 . The determination of the validity of the accused’s waiver of counsel rests on the totality of the circumstances in each case. State v. Stevison, supra.”
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.