State v. Rowell’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 7 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he mass instruction to an unidentified group present in the courtroom by itself is not enough to discharge the obligation [to inform the defendant of his right to a trial by jury] and to justify an inference of a voluntary and intelligent waiver [by failing to demand a jury trial within 21 days following the arraignment]. The right to a jury belongs to the individual defendant; only he, after being fully advised, can be considered to have waived it by doing nothing for 21 days. It is incumbent upon District Court judges in conducting arraignments to take affirmative steps reasonably designed to make each defendant himself aware of his individual right to a jury trial and of the demand that he must make within 21 days if he is to avoid a binding inference of waiver.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Myers · 372 F. Supp. 2d 669 - United States v. Frechette

2. “(a) In all prosecutions in the District Court the defendant may demand a trial by jury. Unless a demand for trial by jury is made not later than 21 days after arraignment, the defendant shall be deemed to have waived his right to trial by jury. Upon timely demand for jury trial, the District Court shall proceed tó hear all pretrial matters prior to transfer to the Superior Court for jury trial. Any issue under Rules 3, 12, 13, 14, 15, 16, 16A, 21, 22, 41, 44, and 46 not presented to the District Court prior to transfer shall be deemed waived. Any ruling by the District Court shall be considered as a pretrial ruling in the Superior Court. (b) Immediately upon the issuance of an order transferring a case to the Superior Court, the clerk shall transmit to the Superior Court the District Court's entire original file in the case and any bail that has been taken.”

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

3. “We do not mean to suggest that a mass instruction may not be used as a proper part of the process [of informing the defendant of the right to a trial by jury]. Standing alone, however, it is inadequate to establish that an individual defendant understood it, or even heard it.”

   1 later decision quote this exact passage · from the majority
   e.g. 372 F. Supp. 2d 669 - United States v. Frechette