Scurr v. Moore’s Empirical Analysis

Citation profile

10 federal appellate · 9 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Removal should be limited to cases urgently demanding that action, but the balancing of the defendant’s confrontation right with the need for the proper administration of justice is a task uniquely suited to the trial judge. Sufficient discretion must be granted to meet the circumstances of each case. (Emphasis added.)”

   2 later decisions quote this exact passage · from the majority
   e.g. Goston v. State · United States v. Shepherd

2. “Although mindful that courts must indulge every reasonable presumption against the loss of constitutional rights,... we explicitly hold today that a defendant can lose his right to be present at trial if, after he has been warned by the judge that he will be removed if he continues his disruptive behavior, he nevertheless insists on conducting himself in a manner so disorderly, disruptive, and disrespectful of the court that his trial cannot be carried on with him in the courtroom. Once lost, the right to be present can, of course, be reclaimed as soon as the defendant is willing to conduct himself consistently with the de corum and respect inherent in the concept of courts and judicial proceedings.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Williams

3. “[N]o formalistic sequence of warnings is required. Nor is it necessary for more than one warning to be given....”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Chapple