644 So. 2d 1342 - Meadows v. State’s Empirical Analysis
1994
Citation profile
6 state decisions
How this case has been cited
Cited by 6 later decisions — most recently July 2013
6 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 Taylor v. United States · Crosby v. United States · Berness v. State · 40 Ala. App. 106 - Haynes v. State · Haynes 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Section (b) allows a defendant to waive the right to be present. The defendant may make an express waiver in open court or may waive the right by voluntary absence from the proceeding. See Taylor v. United States , 414 U.S. 17 , 94 S.Ct. 194 , 38 L.Ed.2d 174 (1973). . . . "Waiver of the right to be present must be clear and unequivocal. Waiver must be affirmative and positive in nature and made by the defendant personally. Consent or acquiescence of a defendant to a waiver of the right cannot be presumed but must affirmatively appear from the record. Berness v. State , 263 Ala. 641 , 83 So.2d 613 (1955). Thus, section (b) allows the court to find an implied waiver only when the defendant has been present at the commencement of the trial and fails to appear at some later stage of the trial . Such a waiver may not be inferred if the defendant has never appeared at trial , except in the case of a minor misdemeanor, which by definition carries no threat of imprisonment."”
2 later decisions quote this exact passage“"[A] defendant may waive the right to be present at any proceeding in the following manner: "(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“(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.”
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.