976 So. 2d 505 - Casteel v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`The Sixth Amendment guarantees the right of counsel to the accused in all criminal prosecutions. U.S. Const. Amend. VI . This right to counsel encompasses all federal and state criminal prosecutions that result in imprisonment. Argersinger v. Hamlin , 407 U.S. 25 , 92 S.Ct. 2006 , 32 L.Ed.2d 530 (1972); Gideon v. Wainwright , 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963). This right is applicable to the states by virtue of the Fourteenth Amendment. Gideon v. Wainwright. The right attaches at the initiation of adversary judicial proceedings, and extends to every critical stage of the proceedings. United States v. Wade , 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967). A critical stage is any stage where a substantial right of an accused may be affected, Mempa v. Rhay , 389 U.S. 128 , 88 S.Ct. 254 , 19 L.Ed.2d 336 (1967), and can arise in pre-trial as well as post-trial proceedings. See Moran v. Burbine , 475 U.S. 412 , 106 S.Ct. 1135 , 89 L.Ed.2d 410 (1986) (pre-trial right to presence of attorney violated during any interrogation occurring after the first formal charging proceedings, absent a valid waiver); Brewer v. Williams , 430 U.S. 387 , 97 S.Ct. 1232 , 51 L.Ed.2d 424 (1977) (pre-trial right to counsel violated where judicial proceedings had been initiated and confession obtained without the presence of counsel and in absence of a valid waiver); Johnston v. Mizell , 912 F.2d 172 (7th Cir. 1990), cert. denied, 498 U.S. 1094 , 111 S.Ct. 982 , 112 L.Ed.2d 1067 ”

   1 later decision quote this exact passage
   e.g. 986 So. 2d 1224 - Ducker v. State

2. “the appellant's . . . right to have counsel appointed on appeal [is a] jurisdictional matter[]; Lake v. City of Birmingham , 390 So.2d 36 , 38 (Ala.Cr.App. 1980) (a record failing to reveal any of the circumstances surrounding the appellant's self-representation”

   1 later decision quote this exact passage
   e.g. 986 So. 2d 1224 - Ducker v. State

3. “Berry v. State , 630 So.2d 127 , 129-50 (Ala.Crim.App. 1993) (footnotes omitted).”

   1 later decision quote this exact passage
   e.g. 986 So. 2d 1224 - Ducker v. State