807 So. 2d 967 - State v. Peralta’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A defendant initially present for the commencement of trial shall not prevent the further progress of the trial, including the return of the verdict, and shall be considered to have waived his right to be present if his counsel is present or if the right to counsel has been waived and . . . [a]fter being warned by the court that disruptive conduct will cause him to be removed from the courtroom, he persists in conduct which justifies his exclusion from the courtroom.”

   2 later decisions quote this exact passage
   e.g. 968 So. 2d 1082 - State v. Hawkins · 871 So. 2d 536 - State v. Addison

2. “A. Except as may be provided by local rules of court in accordance with Articles 522 and 551, a defendant charged with a felony shall be present: * * * (3) At the calling, examination, challenging, impanelling, and swearing of the jury, and at any subsequent proceedings for the discharge of the jury or of a juror; (4) At all times during the trial when the court is determining and ruling on the admissibility of evidence; (5) In trials by jury, at all proceedings when the jury is present, and in trials without a jury, at all times when evidence is being adduced....”

   1 later decision quote this exact passage
   e.g. 871 So. 2d 536 - State v. Addison

3. “We believe trial judges confronted with disruptive, contumacious, stubbornly defiant defendants must be given sufficient discretion to meet the circumstances of each case. No one formula for maintaining the appropriate courtroom atmosphere will be best in all situations. We think there are at least three constitutionally permissible ways for a trial judge to handle an obstreperous defendant like Allen: (1) bind and gag him, thereby keeping him present; (2) cite him for contempt; (3) take him out of the courtroom until he promises to conduct himself properly.”

   1 later decision quote this exact passage
   e.g. 871 So. 2d 536 - State v. Addison