Newagon v. Swope’s Empirical Analysis

Citation profile

7 federal appellate · 6 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * to say that the courts must cease to function, indeed, are without jurisdiction to proceed further, until they search for, seek out and bring in counsel whose duty it is to be in court, and who by their own volition are absent, is to indulge in over-meticulous nicety of construction of the constitutional provision.””

   3 later decisions quote this exact passage · from the majority
   e.g. Butler v. United States · 8 Ariz. App. 526 - State v. Counterman

2. “The absence of counsel when it was their duty to attend, unless their presence was waived by their client, under the then existing circumstances, unexplained by any evidence, cannot be defined by any word other than voluntary. There is no evidence that counsel were detained by any circumstance beyond their control. In view of the fact that they were absent without suggestion of the court, without showing of duress or restraint of any character, their absence could have been only purely voluntary, of their own free will, of their own volition, unconstrained by extraneous force or influence. In the absence of averment or proof to the contrary, what they did must have been freely and willingly done. Their absence, being voluntary, therefore, it could not deprive the court of jurisdiction to proceed.”

   1 later decision quote this exact passage · from the majority
   e.g. 68 Wash. 2d 50 - State v. Badda