608 So. 2d 764 - Flowers v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] defendant who has been present for the beginning of the guilt adjudication stage of his trial and then voluntarily absents himself forfeits his right to be present for the remaining portions of his trial, including the sentencing stage, if sentencing immediately follows the verdict.”

   2 later decisions quote this exact passage
   e.g. Jackson v. State · 644 So. 2d 1342 - Meadows v. State

2. ““Although Rule 26.7 appears to mandate that a defendant may not waive his presence at sentencing unless he has prior notice of the time, place and date of the sentencing proceedings, that rule must be read in conjunction with Rule 9.1, the general provision establishing a defendant’s right to be present at every stage of the trial. Rule 9.1 provides in pertinent part: “ ‘(b) WAIVER OF THE RIGHT TO BE PRESENT. ‘“(1) Except as provided in subsection (2), a defendant may waive the right to be present at any proceeding in the following manner: [[Image here]] “‘(ii) By the defendant’s absence from any proceeding, upon the court’s finding that such absence was voluntary and constitutes an understanding and voluntary waiver of the right to be present, and that the defendant had notice of the time and place of the proceeding and was informed of the right to be present.’ ””

   1 later decision quote this exact passage
   e.g. Lett v. State

3. “"(i) With the consent of the court, by an understanding and voluntary waiver in open court or by a written consent executed by the defendant and by the defendant's attorney of record, filed in the case. "(ii) By the defendant's absence from any proceeding, upon the court's finding that such absence was voluntary and constitutes an understanding and voluntary waiver of the right to be present, and that the defendant had notice of the time and place of the proceeding and was informed of the right to be present."”

   1 later decision quote this exact passage
   e.g. 644 So. 2d 1342 - Meadows v. State