State v. Davis’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “7. We note that none of the instant communications occurred after the jury retired to deliberate. This aspect of the general rule is derived from 17 A.R.S., Rules of Criminal Procedure, rule 22.3, which provides: “After the jurors have retired to consider their verdict, if they desire to have any testimony repeated, or if they or any party request additional instructions, the court may recall them to the courtroom and order the testimony read or give appropriate additional instructions. The court may also order other testimony read or give other instructions, so as not to give undue prominence to the particular testimony or instructions requested. Such testimony may be read or instructions given only after notice to the parties.” We see no reason to be less concerned with a potential violation of defendant’s rights if a communication occurs before the jury retires to deliberate. 8. Both Burnetts and Werring involved the actual physical intrusion by the judge into the jury-room, where he communicated orally with the panel on issues of fact and law. In Robin , the judge responded to questions of fact from the jury by answering from his notes and his recollection of testimony.”

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