State v. Buchanan’s Empirical Analysis

Citation profile

76 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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Though defendant himself did not attend the conferences in this case, we conclude that the trial court’s bench conferences with defense counsel and counsel for the State did not violate defendant’s state constitutional right to be present at all stages of his trial. As stated above, defendant was personally present in the courtroom during the conferences. Further, and perhaps more importantly, his actual presence was not negated by the trial court’s actions. At each of the conferences defendant was represented by his attorneys. Defendant was able to observe the context of each conference and inquire of his attorneys at any time regarding its substance. Through his attorneys defendant had constructive knowledge of all that transpired. Following the conferences defense counsel had the opportunity and the responsibility to raise for the record any matters to which defendant took exception. At all times defendant had a first-hand source of information as to the matters discussed during a conference. It also is relevant that bench conferences typically concern legal matters with which an accused is likely unfamiliar and incapable of rendering meaningful assistance. Other conferences typically deal with administrative matters that are nonprejudicial to the fairness of defendant’s trial. In addition, such conferences do not diminish the public interest associated with defendant’s right to presence. Unlike the excusal of prospective jurors following ex parte communications, in this c”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Larrimore · State v. Cummings

2. “á defendant’s state constitutional right to be present at all stages of his capital trial is not violated when, with defendant present in the courtroom, the trial court conducts bench conferences, even though unrecorded, with counsel for both parties. If, however, the subject matter of the conference implicates the defendant’s confrontation rights, or is such that the defendant’s presence would have a reasonably substantial relation to his opportunity to defend, the defendant would have a constitutional right to be present. The burden is on the defendant to show the usefulness of his presence in order to prove a violation of his right to presence. Once a violation of the right is apparent, the burden shifts to the State to show that it is harmless beyond a reasonable doubt.”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Robinson · State v. Mundine

3. “In [the Smith line of] cases the fact of defendant’s actual presence in the courtroom essentially was negated by the court’s cloistered conversations with prospective jurors. The court’s actions effectively prevented defendant’s participation in the proceeding, either personally or through counsel, and they deprived him of any real knowledge of what transpired. Further, the public interest in ensuring the appearance of fairness in capital trials was implicated by private discussions between the trial court and individual jurors which, without explanation, resulted in the excusal of jurors.”

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