Ward v. State’s Empirical Analysis

Citation profile

42 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “if the defendant personally waives it in court; if counsel waives it at the defendant's express direction; if counsel waives it in open court while the defendant is present; or if counsel waives it and the defendant subsequently acquiesces in the waiver.”

   2 later decisions quote this exact passage
   e.g. CROFT v. the STATE. · Smith v. State

2. “absent a valid waiver, violation of the right to be present triggers reversal and remand for a new trial whenever the issue is properly raised on direct appeal”

   2 later decisions quote this exact passage
   e.g. 347 Ga. App. 831 - JOHNSON v. the STATE. · 328 Ga. App. 686 - PHILLIPS Et Al. v. HARMON Et Al.

3. “Embodied within the constitutional right to the courts[ ] is a criminal defendant's right to be present and see and hear, all the proceedings which are had against him on the trial before the Court. ... [P]roceedings at which the jury composition is selected or changed are critical stages at which the defendant is entitled to be present. ... Notwithstanding, the right to be present belongs to the defendant and the defendant is free to relinquish that right if he or she so chooses.”

   1 later decision quote this exact passage
   e.g. CROFT v. the STATE.