81 Ark. App. 17 - Davis v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[0]ur supreme court has made it abundantly clear that it is the duty of the trial court either to afford the defendant the right to ajury trial whether the defendant demands it or not, or to ensure that the defendant has properly waived this right. As the record contains no evidence that Davis was informed by the court of his right to be tried by a jury, or that he executed a knowing, voluntary, and intelligent waiver of this right, we hold that he was deprived of his constitutional right to trial by jury.”

   1 later decision quote this exact passage
   e.g. 90 Ark. App. 114 - Burrell v. State

2. “A criminal defendant bears no burden of demanding a trial by jury under our constitution and law. This assures that the jury-trial right is not forfeited by inaction on the part of a defendant, and the contemporaneous objection rule is inapplicable to this circumstance. It is the trial court’s burden to ensure that if there is a waiver of the right to trial by jury, the defendant waives the right in accordance with the Arkansas Rules of Criminal Procedure.”

   1 later decision quote this exact passage
   e.g. 90 Ark. App. 114 - Burrell v. State