People v. Werwee’s Empirical Analysis

Citation profile

3 federal appellate · 30 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`Although a defendant may waive rights which exist for his own benefit, he may not waive those which belong also to the public generally.'”

   2 later decisions quote this exact passage
   e.g. 41 Cal. 3d 353 - People v. Deere · 71 Cal. 2d 820 - People v. Stanworth

2. “We adopt this view because of the inherent difficulty in obtaining reliable information on whether there has been misconduct. “When there has been a prolonged separation, during which jurors moved about at will, affidavits or testimony of the jurors that they had not discussed the case or been guilty of other misconduct would be a mere formality, and not capable of refutation by the accused. To give such evidence effect as proof of absence of prejudice, against a helpless defendant, would be as illogical as to give the same effect to the presumption that the jurors had faithfully performed their duties.””

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

3. “If it should be contended that a defendant under such circumstances waived his right to claim irregularity in the separation of the jury by consenting to it, our answer would be that he could not waive the right to have the statutory procedure observed.”

   1 later decision quote this exact passage
   e.g. 71 Cal. 2d 820 - People v. Stanworth