State v. Sublett’s Empirical Analysis

Citation profile

2 federal appellate · 68 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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The legal/factual distinction is simply out of place in the context of the right to a public trial.”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Schierman · State v. Schierman

2. “leads to delayed justice and additional costs, not all of which are quantifiable but which are nevertheless onerous. These can include the time and effort of the courts, the prosecuting agencies, and the defense attorneys, often public defenders, who must retry the cases; the burdens, including possible distress and anxiety, placed on another jury; the burdens placed on victims and other witnesses who must go through the process of another trial; the losses in relevant evidence that come with long-delayed presentation, when witnesses' memories are not as clear as at the time of the original trial; and the dollar costs of the new trials.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Schierman

3. “begin by examining . . . whether the public trial right is implicated at all . . . then turn to the question whether, if the public trial right is implicated, there is in fact a closure of the courtroom; and if there is a closure, whether ... the closure was justified.”

   1 later decision quote this exact passage
   e.g. 181 Wash. 2d 508 - State v. Smith