State v. Jojola’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[n]o instruction on this subject shall be given”

   2 later decisions quote this exact passage
   e.g. State v. Cortez · State v. Cortez

2. “Whether a communication is relevant to the case or a ministerial matter is a factual determination for the trial court. Suffice it to say that issues relating to a juror’s personal comfort or responding to a simple request for an extra copy of the written jury instructions already provided to the jury are ministerial.... In determining whether a communication is a ministerial matter, the best practice is for the trial court to confer with counsel for both sides and, if there is any doubt, to err on the side of concluding that it is not.”

   1 later decision quote this exact passage
   e.g. 189 Md. App. 230 - Harris v. State

3. “Id. ¶ 2. In less than an hour, the defendant was convicted by a unanimous jury. Id. ¶ 1. {11} On appeal, our Supreme Court in Jojola addressed whether the communication was improper because it was ex parte and was therefore presumptively prejudicial. The Court held that the communication was improper and that the State failed to rebut the presumption of prejudice, requiring reversal. Id. ¶¶ 6, 12-13. Among the various points emphasized by the Court was Rule 5-610(D) NMRA, which states that”

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