Jones v. State’s Empirical Analysis

Citation profile

3 federal appellate · 25 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Adverting then to the concurring opinion of the Chief Justice in our Simmons case [State v. Simmons, 199 Tenn. 479 , 287 S.W.2d 71 ] supra, we think that his language is equally appropriate in the case of a felony wherein on page 493 of 199 Tenn., on page 78 of 287 S.W.2d he said: “ ‘But where the Constitution is silent, as in the case at bar, as to his right to waive a jury trial, and the statute authorizes it under proper safeguards, this Couxd should not deny him that right under the pretense, or fallacious theory, that the Act is -unconstitutional. ’ “Since there is no such statute on our hooks, however, we think the trial judge was not. in error.'in refusing this request for a waiver of a trial by jury and the assignment is overruled.””

   2 later decisions quote this exact passage · from the majority
   e.g. Seale v. Luttrell · State v. Durso

2. ““ * * * The correct rule is, however, that all questions as to the sufficiency of the warrant are foreclosed by the finding of an indictment, because under T.C.A. §§ 40-1605 to 40-1625 grand juries in this State are given inquisitorial powers over all indictable or presentable offenses committed or triable within the county. Consequently, it would be a miscarriage of justice to hold that when the probability of the commission of a crime has been called to the attention of the grand jury by either a defective or even a void warrant, the grand jury would be powerless to investigate the situation further and to find a valid indictment for whatever offense or offenses their investigation might develop.””

   2 later decisions quote this exact passage · from the majority
   e.g. Taylor v. State · 1 Tenn. Crim. App. 341 - Manier v. Henderson

3. ““Neither of these provisions expressly provides for or prohibits a waiver of the rights conferred. The bench and bar of this State, however, has tended to assume that there could be no waiver of these rights, due, no doubt, to the fact that at common law there could be no waiver of such right, i.e., trial by jury and by reason of the esteem and sanctity in which this right has always been held and regarded.” 206 Tenn. at 252, 332 S.W. at 665-66.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Durso