State v. McClintock’s Empirical Analysis
1988
Citation profile
4 state decisions
How this case has been cited
Cited by 4 later decisions — most recently October 2012
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Snyder v. Commonwealth of Massachusetts · 428 So. 2d 444 - State v. Seiss · 436 So. 2d 475 - State v. Kahey · State v. Leggett · Deschenes v. United States
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“| fiPresence of the defendant is a condition of due process to the extent that a fair and just hearing would be thwarted by his absence, and to that extent only. Therefore, the presence of the defendant is only essential at proceedings which have a reasonably substantial relation to the fullness of the opportunity of the defendant to defend against the charge. Snyder v. Commonwealth of Massachusetts, 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934). From -this principle has emerged the general rule that no claim of error, or at least no claim of prejudicial error, can be based upon the exclu sion of absence of a defendant, pending his trial on a criminal charge, from the courtroom, or from a conference between court and attorneys, during argument on or discussion of a question of law. See C. Torcia, Wharton’s Criminal Procedure § 483 at 342 (12th ed.1975); 85 A.L.R.2d 1111 , 1114. Cf. State v. Monk, 315 So.2d 727 (La.1976); State v. LeBlanc, 116-La,-822, 41 So. 105 (1906); State v. Pierre, 39 La.Ann. 915 , 3 So. 60 (1887). The Louisiana rule affords the defendant greater rights. Louisiana Code of Criminal Procedure article 834 provides that the defendant has the right to be present during the making, hearing of, or ruling on a preliminary motion or application addressed to the court. But this right may be waived by the defendant or his attorney, by his voluntary absence or his failure to object to argument or discussion during his absence. See Deschenes v. United States, 224 ”
2 later decisions quote this exact passage“[t]he right to counsel of choice must be exercised at a reasonable time, in a reasonable manner and at an appropriate stage of the proceedings,”
2 later decisions quote this exact passage
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.