152 Cal. App. 4th 1325 - People v. Marks’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a defendant does not have a right to be present at every hearing held in the course of a trial. `During trial, a defendant is not entitled to be personally present at the court's discussions with counsel occurring outside the jury's presence on questions of law or other matters unless the defendant's presence bears a reasonable and substantial relation to a full opportunity to defend against the charges. [Citation.] A defendant claiming a violation of the right to personal presence at trial bears the burden of demonstrating that personal presence could have substantially benefited the defense. [Citation.]'”

   1 later decision quote this exact passage
   e.g. 178 Cal. App. 4th 1510 - People v. Hernandez

2. “The rule is established that a defendant has a federal constitutional right that emanates not only from the confrontation clause of the Sixth Amendment but also from the due process clause of the Fourteenth Amendment to be present at any stage of the criminal proceedings `”

   1 later decision quote this exact passage
   e.g. 178 Cal. App. 4th 1510 - People v. Hernandez

3. “that is critical to its outcome if his presence would contribute to the fairness of the procedure.”

   1 later decision quote this exact passage
   e.g. 178 Cal. App. 4th 1510 - People v. Hernandez