State v. Baxter’s Empirical Analysis

Citation profile

55 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “bears the burden of establishing manifest injustice,”

   7 later decisions quote this exact passage
   e.g. State v. Oates · State v. Brand

2. “The defendant may, with the assent of the court, waive a trial by jury and submit the trial of any criminal case to the court, whose findings shall have the force and effect of the verdict of a jury. In felony cases such waiver by the defendant shall be made in open court and entered of record.”

   4 later decisions quote this exact passage
   e.g. State v. Harvey · State v. Britt

3. “[njotice for 12-4-08 at 9:00 to take up [Movant's] waiver of jury trial.” The docket sheet also reflects an entry on December 4, 2008, stating "Motion Hearing Held” relating to a written "Waiver of Jury Trial Filed” by Movant’s counsel and the re-scheduling of the matter for a bench trial on January 20, 2009. Additionally, the record reflects Movant signed a written "Waiver of Jury Trial” which was filed on December 4, 2008. This waiver recited that Movant "ack-nowled[ged] that [he] ha[d] been advised that [he is] entitled to a Jury Trial in connection with the charge(s) ... filed against [him] ... and acknowledged] that [he had] been given the right to consult with friends and an attorney,” and had chosen to "waive [his] right to a Jury Trial.” The waiver was dated December 4, 2008, and it included the signatures of both Movant and his counsel. Additionally, the waiver recited the trial court’s finding that Movant "has been advised of the above rights and has refused and waives the right to a Jury Trial. The [trial c]ourt accepts the waiver and orders that [Movant] is set for Trial....” It was then dated and signed by the trial court judge. “Under the constitution and Rule 27.01(b) the waiver must appear in the record with ‘unmistakable clarity.'”

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