Young v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... [T]he presence of a judge during trial is a fundamental right which can be waived only in limited circumstances and then only by a fully informed and advised defendant, and not by counsel acting alone. Brown now argues that no valid waiver occurred in this case because defense counsel consulted only with the prosecution, not with him and that Brown, himself, did not consent to the trial judge's absence. We agree that no valid waiver has been shown here. More importantly, however, we hold that the judge's presence cannot be waived when a jury wishes to communicate with the court during its deliberations. Free discourse is essential in such a situation but is thwarted by the judge's absence.... No one can say at this point that the judge's absence did not have a detrimental effect on the jury's deliberations. The possibility of prejudice is so great in this situation that it cannot be tolerated. We hold, therefore, that communications from the jury must be received by the trial judge in person and that the absence of the judge when a communication is received and answered is reversible error. We disagree with the state that Brown's failure to object precludes our consideration of the judge's absence.”

   2 later decisions quote this exact passage · from the majority
   e.g. Jackson v. State · 634 So. 2d 661 - Maldonado v. State

2. “reasonable possibility that the error affected the verdict ..., then the error is by definition harmful.”

   2 later decisions quote this exact passage · from the majority
   e.g. 596 So. 2d 1099 - Foster v. State · 634 So. 2d 661 - Maldonado v. State

3. “beyond a reasonable doubt that the error did not affect the verdict.”

   2 later decisions quote this exact passage · from the majority
   e.g. 596 So. 2d 1099 - Foster v. State · 634 So. 2d 661 - Maldonado v. State