253 Ga. App. 559 - Jackson v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “because the record in this case does not adequately demonstrate whether [Rosser] made a knowing and intelligent waiver of his right to a jury trial, the conviction is hereby vacated, and the case is remanded to the trial court for an evidentiary hearing on this issue. Lawal v. State, 201 Ga. App. 797, 798 (2) ( 412 SE2d 864 ) (1991). In the event the trial court determines from the evidence adduced at this hearing that [Rosser] did make such a waiver and that he personally participated in the decision, then the conviction and sentence may be reinstated, and [Rosser] will be entitled to file a new appeal directed to this issue. [Cits.]”

   2 later decisions quote this exact passage
   e.g. Price v. State · 312 Ga. App. 240 - Rosser v. State

2. “the [s]tate 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. 3”

   1 later decision quote this exact passage
   e.g. 294 Ga. App. 169 - Jones v. State

3. “affirmatively shows that [Price] made the decision to waive his right to a jury trial, or at least that [he] agreed with [that] decision.”

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