Miller v. State’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In all prosecutions for felonies, the defendant must be personally present at the trial ... provided, however, that in all cases, when the defendant voluntarily absents himself after pleading to the indictment or information, or after the jury has been selected when trial is before a jury, the trial may proceed to its conclusion.”

   5 later decisions quote this exact passage
   e.g. Scott v. State · Venegas v. State

2. “[u]nder article 33.03 ... an accused’s right to be present at his trial is unwaiva-ble until such a time as the jury ‘has been selected.’”

   2 later decisions quote this exact passage · from the majority
   e.g. Wortham v. State · Adanandus v. State

3. “An accused is present during the voir dire of the jury and is present as the jurors are impaneled and sworn. During a break before his plea is entered before the jury, the accused absconds. Under Article 33.03 as it read prior to the amendment in 1979, the trial cannot proceed in his absence, voluntary though it is, and the jury is dismissed. However, future prosecution, should the accused later be recaptured, is arguably barred by double jeopardy, since appellant was present when the jury was impaneled and sworn, and therefore under Crist v. Bretz, [ 437 U.S. 28 (1978), [ 98 S.Ct. 2156 ]], jeopardy has attached!”

   1 later decision quote this exact passage · from the concurrence
   e.g. Louie Papakostas v. State