212 Ga. App. 676 - Jones v. State’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. ““ ‘A criminal defendant must personally and intelligently participate in the waiver of the constitutional right to a trial by jury. When the purported waiver of this right is questioned, the State bears the burden of showing the waiver was made both intelligently and knowingly, either (1) by showing on the record that the defendant was cognizant of the right being waived; or (2) by filling a silent or incomplete record through the use of extrinsic evidence which affirmatively shows that the waiver was knowingly and voluntarily made.’ ” In this case, however, the record does not show that [the defendant] personally, knowingly, voluntarily, and intelligently waived his right to a jury trial. Although the record shows [the defendant] did not demand a jury trial, there is no showing that [he] knew what he was surrendering by not making such a demand and there is no evidence that [he] made a conscious choice to waive his right to a jury trial.”

   3 later decisions quote this exact passage
   e.g. 241 Ga. App. 76 - Gary v. State · 244 Ga. App. 241 - Whitaker v. State