State v. Beam’s Empirical Analysis
2011
Citation profile
17
cited by 17 later decisions
1
states following
March 2017
most recently cited
17 state decisions
Relationships
Relies on State v. Parkhurst · State v. Brown · State v. Belton · State v. Baxter · State v. Niederstadt
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1. The state could and certainly should have emphasized and clarified its waiver provisions if, as it appears, it planned to notify the court only if and after a dispute arose, a tactic inimical to timely and effective Baxter best-practice questioning so “the defendant will have no grounds later to contend that his waiver was ineffective.” Id. at 655 . 2. The state did not, but easily could have made it patently clear that Whitaker was waiving a jury irrevocably, upon signature, no matter what, or in any comparable terms if that truly was the state’s intent. When shunning the benefit of a Baxter best-practice inquiry, the state needed to draw or edit its form document to carry its unmistakable-clarity burden alone, if necessary. 3. The state arguably foresaw that Whitaker might not take the test (#2, “in the event that Defendant shall submit to such polygraph examination .... ”), but did not expressly provide for jury waiver in that circumstance.”
1 later decision quote this exact passage“This Rule does not require that the trial court personally examine the defendant on the record about whether the defendant understands the right, but only that the waiver be made 'in open court.' ” State v. Beam, 334 S.W.3d 699, 704 (Mo.App.2011) (quoting Baxter, 204 S.W.3d at 653 ). Under the foregoing factual scenario there is no doubt that the waiver in question was”
1 later decision quote this exact passagee.g. Osborn v. State“The defendant may, with assent of the court, waive a trial by jury and submit the trial of any criminal case to the court, whose findings shall have the force and effect of the verdict of a jury. In felony cases such waiver by the defendant shall be made in open court and entered of record.”
1 later decision quote this exact passagee.g. State v. Moore
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.