Belden v. State’s Empirical Analysis

Citation profile

33 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The test to determine if a judicial comment in the jury's presence constitutes reversible error is whether the remark was such that it was reasonably calculated to benefit the state or to prejudice the defendant's rights. For comments by the trial judge to constitute reversible error the defendant must show that the remarks were prejudicial and that he or she was harmed thereby.”

   2 later decisions quote this exact passage
   e.g. Sorensen v. State · Fernandez v. State

2. “Our rule is that in the absence of fundamental error affecting a substantial right of the appellant an issue raised for the first time on appeal will not be considered.”

   2 later decisions quote this exact passage
   e.g. Gompf v. State · Kiyon L. Brown

3. “We recognize that examination of the circumstances of each case is essential when considering any waiver of constitutional rights because "[vlariations in the factual context giving rise to the issue of waiver of any one right of the accused are infinite.".... We also recognize that we must accord proper weight to the role of defense counsel in fashioning an overall trialstrategy, including one involving waiver of the right to confrontation, for the defendant's best advantage.... A well developed body of case law protects defendants from constitutionally defective actions of their attorneys. See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Given these safeguards, we reject Plitman's argument that a defendant in every instance personally must waive the right to confront the witnesses against him. We therefore join the majority of cireuit courts of appeals and hold that defense counsel may waive a defendant's Sixth Amendment right to confrontation where the decision is one of trial tactics .or strategy that might be considered sound.”

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