Gregg v. State’s Empirical Analysis

Citation profile

3 federal appellate · 26 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To determine this issue, we ask whether the warrant would have been issued if the judge had been given accurate information.”

   3 later decisions quote this exact passage · from the majority
   e.g. SMITH v. STATE · Wackerly v. State

2. “A defendant has a due process right to be present during trial proceedings “ ‘whenever his presence has a relation, reasonably substantial, to the fullness of his opportunity to defend against the charge. [T]he presence of a 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.’ ” The defendant’s presence is not required where such “presence would be useless, or the benefit but a shadow.” A defendant also has a state statutory right to be present during certain communications with jurors. For instance, a trial court should not conduct communications with the jury outside the presence of counsel and the defendant during deliberations; nor should anyone communicate with the jury regarding the merits of the case prior to submission of the case to the jury.”

   1 later decision quote this exact passage · from the majority
   e.g. 2004 OK CR 2 - Ryder v. State