Nelson v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “in which the substantial rights of the accused may be affected. Nelson v. State, 934 P.2d 1238, 1240 (Wyo.1997); Duffy v. State, 837 P.2d 1047, 1052 (Wyo.1992). We have held that sentencing is a”

   2 later decisions quote this exact passage
   e.g. Mogard v. City of Laramie · Trujillo v. State

2. “'an intentional relinquishment or abandonment of a known right or privilege,”

   2 later decisions quote this exact passage
   e.g. MAM v. State, Department of Family Services · Daugherty v. State

3. “The Sixth Amendment provides that “[i]n all criminal prosecutions, the accused shall enjoy the right * * * to have the Assistance of Counsel for his defence.” U.S. Const, amend. VI. In Gideon v. Wainwright, the United States Supreme Court held that the Fourteenth Amendment incorporated the Sixth Amendment right to counsel, and accordingly required the states to make appointed counsel available to indigent defendants in all “criminal prosecutions.” 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963). Article 1, § 10 of the Wyoming Constitution likewise provides for the right to counsel in criminal prosecutions and tracks the federal provision. The Sixth Amendment right to counsel accrues at the time adversary judicial proceedings are initiated against the defendant. Counsel is required not just at trial, but at “critical stages” both before and after trial in which the substantial rights of the accused may be affected. Wyoming Statute 7-6-104(c)(i) (1995) specifically addresses representation of indigents in probation revocation proceedings. That provision entitles an indigent defendant to representation in a probation revocation proceeding “when it is determined by the court to be statutorily or constitutionally required.””

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