State v. Mahone’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. “We do not conclude that a defendant can never be deemed to have waived his right to be present at trial if he doesn’t respond to his attorney’s call. But if the trial date is to be flexible, and defendant is to “stand by” and respond to such a call so that he need not repeatedly come to court and receive notice there, that must be developed on the record with the defendant present. A defendant cannot be tried in absentia because he does not respond on short notice to a call from his attorney’s office to report prior to the date he was told to do so by the judge, unless such notice was itself developed on the record “in court.” ... Here, there was neither a personal direction by the court to the defendant to be present on the actual trial date nor acknowledgment by defendant on the record of a procedure whereby he would remain on call .... This is not a case where defendant could have been advised of an adjourned or rescheduled date when he arrived for trial on the noticed date, and the record does not indicate he was advised by the judge at a pretrial proceeding that he could be called back to court sooner than the date he had been given. “Adequate notice to the defendant is an essential element of a knowing wavier of the right to attend trial.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Walker