State v. Holmes’s Empirical Analysis

Citation profile

1 district · 5 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Because the court must often conduct a multitude of arraignments, logic and expediency dictate that an instruction to a group of defendants is a proper part of the process required by [Maine Rules of Criminal Procedure] Rule 5(d)(2). State v. Rowell, 468 A.2d 1005 , 1007 n. 3 (Me.1983). We have said that “standing alone, however, the mass instruction is inadequate to establish that an individual defendant understood it, or even heard it.” Id. The court must also take some “affirmative steps reasonably designed to make each defendant himself [or herself] aware of his [or her] individual right to a jury trial and of the demand that he [or she] must make within 21 days” [pursuant to Maine law] to support a binding inference of waiver. Ro-well, 468 A.2d at 1007-08 (emphasis in original). The court may achieve this, for example, by asking whether the defendant was present for the court’s explanation and understands that he [or she] has the right to a jury trial, and that he [or she] will have waived that right if[, as required under Maine law,] he [or she] fails to file a completed jury trial request form with the clerk within twenty-one days.”

   1 later decision quote this exact passage
   e.g. State v. Myers

2. “A. While under the influence of intoxicants; or B. While having a blood-alcohol level of 0.08% or more.”

   1 later decision quote this exact passage
   e.g. State v. Cote