State v. Luna’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... the court must conduct an inquiry before proceeding with trial in order to determine if defendant's absence is knowing and voluntary.... The trial court has wide latitude in conducting such an inquiry”

   2 later decisions quote this exact passage · from the majority
   e.g. 403 N.J. Super. 98 - State v. Taimanglo · 403 N.J. Super. 112 - State v. Taimanglo

2. “The defendant shall be present at every stage of the trial, including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, unless otherwise provided by Rule. Nothing in this Rule, however, shall prevent a defendant from waiving the right to be present at trial. A waiver may be found either from (a) the defendant’s express written or oral waiver placed on the record, or (b) the defendant’s conduct evidencing a knowing, voluntary, and unjustified absence after (1) the defendant has received actual notice in court or has signed a written acknowledgment of the trial date, or (2) trial has commenced in defendant’s presence. [ (Emphasis added).]”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Grenci

3. “to the extent that a defendant's absence would hinder a fair and just hearing.”

   1 later decision quote this exact passage · from the majority
   e.g. 417 N.J. Super. 134 - State v. Reevey