950 So. 2d 37 - State v. Bryant’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A. A defendant charged with an offense other than one punishable by death may knowingly and intelligently waive a trial by jury and elect to be tried by the judge. At the time of arraignment, the defendant in such cases shall be informed by the court of his right to waive trial by jury. B. The defendant shall exercise his right to waive trial by jury in accordance with the time limits set forth in Article 521. However, with permission of the court, he may exercise his right to waive trial by jury at any time prior to the commencement of trial Article I, Section 17 of the Constitution of Louisiana. The waiver shall be by written motion filed in the district court not later than forty-five days prior to the date the case is set for trial. The motion shall be signed by the defendant and shall also be signed by defendant's counsel unless the defendant has waived his right to counsel. C. The defendant may withdraw a waiver of trial by jury unless the court finds that withdrawal of the waiver would result in interference with the administration of justice, unnecessary delay, unnecessary inconvenience to witnesses, or prejudice to the state. With the consent of the district attorney the defendant may waive trial by jury within forty-five days prior to the commencement of trial. D. A waiver of trial by jury is irrevocable and cannot be withdrawn by the defendant.”

   1 later decision quote this exact passage
   e.g. 129 So. 3d 768 - State v. Biddy

2. “[T]he trial court in the present matter was not required to personally inform Bryant of his right to a jury trial. The transcript in the present matter reveals that Bryant’s counsel informed the trial court that Bryant wished to waive the jury and to proceed to trial by judge. Further, the transcript in the present matter shows that the trial court addressed Bryant personally and that Bryant confirmed that he wished to go to trial by judge rather than jury. In Abbott, 634 So.2d at 914 , the defendant argued in a pro se assignment of error that he did not knowingly, intelligently, and voluntarily waive his right to trial by jury. After reviewing the applicable jurisprudence, this Court wrote: “The transcript indicates that the trial judge was advised by counsel that the defendant wanted to waive the jury. The judge then addressed the defendant personally, who confirmed that he sought to waive the jury. This assignment has no merit.” Id. The facts of this case are substantially similar to the facts of Abbott . In light of this observation, and the principle that thej^trial court is not required to personally inform a defendant of his right to trial by jury, we conclude that Bryant’s assertion that he did not knowingly and intelligently waive his right to a trial by jury lacks merit.”

   1 later decision quote this exact passage
   e.g. 93 So. 3d 670 - State v. Tyler

3. “Trial court: How are [sic] feeling today, Mr. Bryant? Bryant: Sore. Trial court: You’re sore? Bryant: Yes. Trial court: But I mean the medicine isn’t having any affect [sic ] on you from yesterday or yesterday’s accident? Bryant: Yes, it has an affect [sic]. I don’t hurt as much. Trial court: You don’t what? Bryant: I don’t hurt as much. Trial court: Oh, so you don’t hurt as much, so a positive affect [sic]. So, you’re aware of what you’re doing here today, correct? Bryant: Yes, sir. Trial court: And Mr. Fuller [defense counsel] has indicated that today you’ve chosen to go to trial by judge rather than jury; is that correct? Bryant: Yes, sir. Trial court: Have a seat, sir.”

   1 later decision quote this exact passage
   e.g. 93 So. 3d 670 - State v. Tyler