State v. Arnold’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the Muller case, cited in Kahey , the supreme court affirmed a lower court's reversal of a conviction where an attorney waived the defendant's right to a jury trial in the absence of the defendant and the defendant thereafter had a bench trial. In State v. Morris, 607 So.2d 1000 (La.App. 3rd Cir.1992) (Footnote omitted), writ granted and reversed on other grounds, 615 So.2d 327 (La. 1993), the third circuit reversed a defendant's conviction in a case where the record, as here, contained only an attorney-filed motion to waive trial by jury. The court distinguished this case from other cases where attorney-filed motions to waive jury trial were found sufficient on the grounds that, in those cases, the record reflected the defendant's presence in court at the time the motion was made. In the [ State v. ] Clay [, 623 So.2d 211 (La.App. 2d Cir.1993)] case, supra, this court recognized that a waiver of trial by jury is likely to be effective whenever it is made by the defendant personally.”

   1 later decision quote this exact passage
   e.g. 942 So. 2d 1196 - State v. Davis

2. “Article 1, § 17 of the Louisiana Constitution provides that crimes with a punishment that can exceed confinement for six months must be tried by jury except when, in noncapital cases, the defendant knowingly and intelligently waives his right to a jury trial. See also La.Code Crim.P. arts. 780 and 782. “A knowing and intelligent waiver ... will not be presumed from a silent record.” State v. Arnold, 30,282, p. 587 (La.App. 2 Cir. 1/21/98); 706 So.2d 578 , citing State v. Page, 541 So.2d 409 (La.App. 4 Cir.), writ denied, 548 So.2d 323 (La.1989).”

   1 later decision quote this exact passage
   e.g. 64 So. 3d 448 - State v. A.D.L.

3. “(1) conduct an evidentiary hearing within thirty days of this date to determine whether defendant knowingly and intelligently waived his right to trial by jury and (2) re-lodge the appellate record, supplemented with a transcript of the hearing, within fifteen days of the hearing. The State and defendant will be given the opportunity to file supplemental briefs, should either party wish to raise any issues arising from the hearing.”

   1 later decision quote this exact passage
   e.g. 954 So. 2d 866 - State v. Fuslier