735 So. 2d 888 - State v. Hernandez’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “| fiPresence of the defendant is a condition of due process to the extent that a fair and just hearing would be thwarted by his absence, and to that extent only. Therefore, the presence of the defendant is only essential at proceedings which have a reasonably substantial relation to the fullness of the opportunity of the defendant to defend against the charge. Snyder v. Commonwealth of Massachusetts, 291 U.S. 97 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934). From -this principle has emerged the general rule that no claim of error, or at least no claim of prejudicial error, can be based upon the exclu sion of absence of a defendant, pending his trial on a criminal charge, from the courtroom, or from a conference between court and attorneys, during argument on or discussion of a question of law. See C. Torcia, Wharton’s Criminal Procedure § 483 at 342 (12th ed.1975); 85 A.L.R.2d 1111 , 1114. Cf. State v. Monk, 315 So.2d 727 (La.1976); State v. LeBlanc, 116-La,-822, 41 So. 105 (1906); State v. Pierre, 39 La.Ann. 915 , 3 So. 60 (1887). The Louisiana rule affords the defendant greater rights. Louisiana Code of Criminal Procedure article 834 provides that the defendant has the right to be present during the making, hearing of, or ruling on a preliminary motion or application addressed to the court. But this right may be waived by the defendant or his attorney, by his voluntary absence or his failure to object to argument or discussion during his absence. See Deschenes v. United States, 224 ”

   1 later decision quote this exact passage
   e.g. 758 So. 2d 838 - State v. Frank

2. “The defendant has a right to be present, but his presence is not essential to the validity of any of the following proceedings in a criminal prosecution: (1) The making, hearing of, or ruling on a preliminary motion or application addressed to the court; (2) The making, hearing of, or ruling on a motion or application addressed to the court during the trial when the jury is not present; except as provided in Clause (4) of Article 831; and (3) The making, hearing of, or ruling on a motion or application made after his conviction.”

   1 later decision quote this exact passage
   e.g. 758 So. 2d 838 - State v. Frank