State v. Tapson’s Empirical Analysis

Citation profile

71 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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “No principle of law, relating to criminal procedure, is better settled than that, in felony cases, nothing should be done in the absence of the prisoner. It is his unquestioned right ‘to be confronted with his accusers and witnesses.’ He has the legal right to be present when the jury are hearing his case, and at all times during the proceeding of the trial, when anything is done which in any manner affects his right....”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Bird · State v. Kennedy

2. “[C]ontrary to the dissent's suggestion that the rule we set forth in this case would "potentially impose itself on each sidebar conference," our opinion here deals with a discrete error-i.e., the Judge entering the jury room while the jury is present, without the presence of the defendant, counsel and the court reporter, and without a contemporaneous, personal, knowing, voluntary and intelligent, on-the-record waiver by the defendant of his rights to be present at a critical stage of the trial and to a public trial. If this rule is to be expanded to cover other errors and other rights, as the dissent fears, then it will be on a case-by-case basis and only after briefing and argument.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Matt · State v. Hatfield

3. “the only means to meet that burden—the court record—was not preserved by reason of the commission of the error itself.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Price · State v. Hatfield