State v. Werring’s Empirical Analysis

Citation profile

38 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... There can be no question but that in the discharge of his official duty, the place for the judge is on the bench. As to him, the law has closed the portals of the jury room, and he may not enter. ... We find that in practically all of the reported cases appellate courts properly regard communications between the trial judge and jurors, relative to the trial, as of a more serious nature and more likely to have a prejudicial effect than communications between other court officials or attendants and jurors.... It is impossible to promote confidence in the administration of justice unless the jury is kept free from outside influences. In the instant case, if the jurors desired a question answered or further instructions, the proper way to have handled the matter would have been to bring them back into open court with its attendant safeguards.”

   1 later decision quote this exact passage
   e.g. State v. Hilliard

2. “It is reversible error for a trial judge in a criminal case to communicate with the jurors after they have retired to deliberate unless the defendant and counsel have been notified and given an opportunity to be present.”

   1 later decision quote this exact passage
   e.g. State v. Fletcher

3. ““. . . [Wjhere the communication concerned the case and not merely extraneous matters, we are of the opinion that the defendant is not required to show actual prejudice.” 80 Ariz. at 212 , 295 P.2d at 379 .”

   1 later decision quote this exact passage
   e.g. State v. Davis