State v. Bode’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) All issues of fact in any criminal case shall be tried by a jury to be selected, summoned and returned in the manner prescribed by law, unless trial by jury be waived as provided in this Rule. (b) The defendant may, with the assent of the court, waive a trial by jury and submit the trial of any criminal case to the court, whose findings shall have the force and effect of the verdict of a jury. In felony cases such waiver by the defendant shall be made in open court and entered of record.”

   2 later decisions quote this exact passage
   e.g. State v. Freeman · State v. Hannah

2. “On the day of trial, [Bode’s counsel] filed a waiver signed by him and Bode. A written jury waiver, signed by client and lawyer, filed with the court, is an effective waiver of a jury trial and complies with Rule 27.01(b). State v. Butler, 415 S.W.2d 784, 785 (Mo.1967); State v. Turnbough, 604 S.W.2d 742, 746 (Mo.App.1980). The circuit court acknowledged that the written waiver was in the court’s file and tersely assented to it. From the face of the record, Bode expressed his waiver in a written pleading that he and his lawyer signed, and [Bode’s counsel] expressed the waiver in open court with the judge’s assent. Bode’s waiver and the judge’s assent appear on the record with unmistakable clarity. Bode was present during the proceedings and raised no objections. See State v. Hatton, 918 S.W.2d 790, 795 (Mo. banc 1996). We, therefore,- decline review of Bode’s claim under Rule 30.20.”

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