Cohen v. Senkowski’s Empirical Analysis

Citation profile

13 federal appellate · 9 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If a defendant is entitled under Rule 43 to attend certain “stages of the trial” which do not take place in open court, the defendant or his counsel must assert that right at the time; they may not claim it for the first time on appeal from a sentence entered on a jury’s verdict of “•guilty.” ... Respondents knew the District Judge was holding a conference with the juror and with Gagnon’s attorney, yet neither they nor their attorney made any effort to attend. Timely invocation of a Rule 43 right could at least have apprised the District Court of the claim, and very likely enabled it to accommodate a meritorious claim in whole or in part.... We hold that failure by a criminal defendant to invoke his right to be present under Federal Rule of Criminal Procedure 43 at a conference which he knows is taking place between the judge and a juror in chambers constitutes a valid waiver of that right.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Allen

2. “to hold as a matter of law ... that not knowing that one could attend is the same thing as believing that one could not attend. [The defendant] gave no indication at the time that he had any desire to attend the [proceeding], nor does his affidavit address whether he asked his attorney if he could. Indeed, the record is barren of any evidence that [the defendant] believed he was excluded from the pre-screening; it simply establishes that [the defendant] did not know one way or the other.”

   1 later decision quote this exact passage · from the majority
   e.g. Grayton v. Ercole

3. “we must be sensible what sudden impressions and unaccountable prejudices we are apt to conceive upon the bare looks and gestures of another, and how necessary it is that a prisoner (when put to defend his life) should have a good opinion of his jury, the want of which might totally disconcert him, the law wills not that he should be tried by any one man against whom he has conceived a prejudice, even without being able to assign a reason for such his dislike.”

   1 later decision quote this exact passage · from the majority
   e.g. Truss v. Commonwealth