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← 538 So. 2d 833 - Brown v. State

538 So. 2d 833 - Brown v. State’s Empirical Analysis

1989

Citation profile

24
cited by 24 later decisions
3
states following
July 2018
most recently cited

1 federal appellate · 21 state decisions

How this case has been cited

Cited by 24 later decisions — most recently July 2018

1 federal appellate · 21 state decisions

1201989199020002010decided

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 Johnson v. Zerbst · Johnson v. Mississippi · 436 So. 2d 93 - Combs v. State · Kamen v. Nordberg · 488 So. 2d 62 - Williams v. State

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

  1. “the presence of a judge during trial is a fundamental right.”
    8 later decisions quote this exact passage
  2. “Article I, section 16 of the Florida Constitution and the federal constitution’s sixth amendment guarantee criminal defendants trial by an impartial jury. The presence of a judge, who will insure the proper conduct of a trial, is essential to this guarantee.”
    3 later decisions quote this exact passage
  3. “The presence of a judge, who will insure the proper conduct of a trial, is essential to the state and federally guaranteed rights of trial by an impartial jury. Although this right can be waived under some circumstances, such waiver must be “by a fully informed and advised defendant, and not by counsel acting alone.” Waiver of the trial judge’s presence cannot be implied because of a defendant’s failure to make a timely objection. Although defense counsel and the state attorney agreed to the judge’s absence in this case, the defendant Bryant did not because he was not consulted about this procedure by his attorney or the trial court. Thus, Bryant did not knowingly, intelligently, and voluntarily waive the trial judge’s presence during the readback.”
    1 later decision 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.