57 Or. App. 469 - State v. Kessler’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"the prejudice to a defendant shackled or otherwise physically restrained during trial is manifest and need not be proven in an individual case. By showing that he was required to wear leg shackles, without a showing of substantial necessity, defendant has demonstrated a violation of his due process right to a fair trial." Kessler, 57 Or.App. at 474-75 , 645 P.2d 1070 ; Bird, 59 Or.App. at 78, 650 P.2d 949 (quoting Kessler ) (emphasis supplied). [2]”

   2 later decisions quote this exact passage
   e.g. 154 Or. App. 589 - State v. Amini · 138 Or. App. 142 - State Ex Rel. Juvenile Department v. Millican

2. “"[T]he inferences the jury may draw is just one of the elements of prejudice to a defendant who is shackled. The shackles impinge on the presumption of innocence and the dignity of the judicial proceedings and may inhibit consultation with his attorney and his decision whether to take the stand as a witness." 57 Or.App. at 474 , 645 P.2d 1070 .”

   1 later decision quote this exact passage
   e.g. 138 Or. App. 142 - State Ex Rel. Juvenile Department v. Millican

3. “the discretion to order the shackling of a defendant if there is evidence of an immediate and serious risk of dangerous or disruptive behavior.”

   1 later decision quote this exact passage
   e.g. 138 Or. App. 142 - State Ex Rel. Juvenile Department v. Millican