Kang v. State’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “How, I ask, can there be any factual trigger on the record when the defendant, who may be under duress or coercion not visible to the court and which he or she may not even appreciate or understand, is never asked questions pertinent to the issue and designed to ferret out information on the subject and, thus, is not given an opportunity to reveal such information? Indeed, unless the trial court asks questions bearing on the subject of defendant’s voluntary relinquishment of his or her right to a jury trial, a defendant may not even realize that he or she may volunteer information or that the jury trial waiver colloquy is his or her only opportunity to advise the court of circumstances bearing on the voluntariness of the plea.”

   1 later decision quote this exact passage
   e.g. Powell v. State

2. “As we have continued to recognize, ultimately, to waive properly this constitutionally protected right the “trial judge must be satisfied that there has been an intentional relinquishment or abandonment of a known right or privilege.” ... The waiver examination depends upon the facts and circumstances of each case. “[T]he questioner need not recite any fixed incantation” when evaluating whether the defendant knowingly and voluntarily waived his or her right to a jury trial----“The court must, however, satisfy itself that the waiver is not a product of duress or coercion and further that the defendant has some knowledge of the jury trial right before being allowed to waive it.””

   1 later decision quote this exact passage
   e.g. 172 Md. App. 212 - Christian v. State

3. “Procedure for Acceptance of Waiver. A defendant may waive the right to a trial by jury at any time before the commencement of trial. The court may not accept the waiver until it determines, after an examination of the defendant on the record in open court conducted by the court, the State’s Attorney, the attorney for the defendant, or any combination thereof, that the waiver is made knowingly and voluntarily.”

   1 later decision quote this exact passage · from the dissent
   e.g. Powell v. State