130 N.J. Super. 596 - State v. Jones’s Empirical Analysis

Citation profile

2 district · 20 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Defendant’s right to be free of shackles during trial need not be extended to the right to be free of shackles while being taken back and forth between the courthouse and the jail. Commonwealth v. Carter, 219 Pa. Super. 280 , 281 A. 2d 75 (Super. Ct. 1971); Moffett v. State, 291 Ala. 382 , 281 So. 2d 630 (Sun. Ct. 1973); People v. Panko, 34 Mich. App. 297 , 191 N.W. 2d 75 (App. Ct. 1971). It is within the sound discretion of an officer charged with the custody of a person to place handcuffs or shackles on him to prevent escape and to protect public safety while the prisoner is being transported. State v. Moore, 257 S.C. 147 , 184 S.E. 2d 546 (Sup. Ct. 1971). In State v. Warriner, 506 S.W. 2d 103 (Mo. Ct. App. 1974), defendant was removed from the courtroom at the end of the first day of trial in handcuffs and was viewed by the jury outside the courtroom for two or three minutes. Quoting from United States v. Leach, 429 F. 2d 956, 962 (8 Cir. 1970), the court held (at 104), “It is a normal and regular as well as a highly desirable and necessary practice to handcuff prisoners when they are being taken from one place to another, and the jury is aware of this.””

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

2. “to avoid a prejudice in the mind of the jury against the accused as being a dangerous man....”

   1 later decision quote this exact passage
   e.g. 286 N.J. Super. 492 - State v. Damon