State v. Shank’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Now defense counsel argues that his client's conviction and sentence should be set aside because of the prejudicial impact on the jury caused by his client's own conduct. It is obvious that to afford a defendant such relief, based on his own conduct, is to give him a tool by which he can effectively prevent forever a final determination of his guilt. Such a result cannot be tolerated if our system of justice is to survive. This was pointed out almost one hundred years ago, Falk v. United States, 15 App. D.C. 446 (1899), and has since been consistently reaffirmed. (Citations omitted)”

   2 later decisions quote this exact passage
   e.g. 776 So. 2d 1188 - State v. Calhoun · 482 So. 2d 7 - State v. Lucas

2. “`No doubt the privilege (of personally confronting witnesses) may be lost by consent or at times even by misconduct.' Although mindful that courts must indulge every reasonable presumption against the loss of constitutional rights, we explicitly hold today that a defendant can lose his right to be present at trial if, after he has been warned by the judge that he will be removed if he continues his disruptive behavior, he nevertheless insists on conducting himself in a manner so disorderly, disruptive, and disrespectful of the court that his trial cannot be carried on with him in the courtroom. Once lost, the right to be present can, of course, be reclaimed as soon as the defendant is willing to conduct himself consistently with the decorum and respect inherent in the concept of courts and judicial proceedings.”

   1 later decision quote this exact passage
   e.g. 968 So. 2d 1082 - State v. Hawkins

3. “At one point during the trial, the defendant stood up and threatened to kill the jurors when he escaped if he was given a life sentence. During the questioning of his treating psychologist, he jumped across the counsel table and began strangling his attorney. After several warnings, the trial court ordered the defendant bound and gagged. The supreme court phrased the issue in Shank as”

   1 later decision quote this exact passage
   e.g. 776 So. 2d 1188 - State v. Calhoun