Pinkney v. State’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) who is voluntarily absent after the proceeding has commenced, whether or not informed by the court of the right to remain; or”

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

2. “"The right to be present at trial is a common law right guaranteed by Article 5 of the Maryland Declaration of Rights, and is also ‘to some extent protected by the Fourteenth Amendment to the United States Constitution, and is guaranteed by Maryland Rule [4-231].’ ””

   3 later decisions quote this exact passage
   e.g. Mobuary v. State · State v. Hart

3. “[Bjefore a court may find an agreement or an acquiescence to trial in absentia, the court must generally be satisfied of two primary facts: that the defendant was aware of the time and place of trial, and that the non-appearance was both knowing and sufficiently deliberate to constitute an agreement or acquiescence to the trial court proceeding in his or her absence. Usually, as in this case, the defendant’s awareness of the time and place of trial will be easily established. Evidence, in the form of a summons or other document, will appear in the record to substantiate the State’s burden of showing that the defendant was notified of the time and place of trial. In most cases, the more difficult question presented will be why the defendant is not in court. In determining whether a defendant’s absence is truly voluntary, many trial courts have prudently taken investigatory measures before finding a waiver of the right to be present at trial. That information could come in the form of a direct or indirect statement from the defendant; it could come from a statement by another person, or such information could come from other evidence that the defendant has, in fact, absconded. For instance, in Barnett [v. State, 307 Md. 194, 199-200 , 512 A.2d 1071 (1986)], we noted with approval the trial court’s efforts to locate the defendant by delaying the proceedings one day, questioning defense counsel as to the whereabouts of the defendant, and contacting area hospitals. A telephone cal”

   1 later decision quote this exact passage · from the majority
   e.g. 192 Md. App. 277 - Reeves v. State