Brown v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Upon retiring for deliberation the jurors may, if the court permits, take or later have sent to them: "* * * "(b) Any written instructions given; but if any such instruction is taken or sent all the instruction shall be taken or sent. * * *"”

   2 later decisions quote this exact passage
   e.g. Kimmons v. State · 232 So. 2d 209 - Matire v. State

2. “"The last point presented for determination is the correctness of the ruling of the trial court in declining a request of the jury `for some information in regard to some testimony of one witness * * *' It is not clear from the record whether the jury wished to hear additional testimony from the witness or simply to have read the record of that testimony. If the former construction is applied the judge was obviously correct because of the provision of Section 222, Criminal Procedure Act, Section 919.07, Florida Statutes, 1941, prohibiting recall of jurors to hear additional evidence after they have retired for the consideration of their verdict. If the latter interpretation is applied the procedure was justified by Section 220, Criminal Procedure Act, Section 919.05, Florida Statutes, 1941, especially providing for the reading to the jury, `upon their request,' of any testimony theretofore taken in the trial although `the jurors have retired to consider their verdict.' Even following this interpretation, however, it has not been made to appear that any injury was suffered by the defendant by reason of the court's refusal."”

   1 later decision quote this exact passage
   e.g. 107 So. 2d 247 - Jackson v. State

3. ““When a jury, after due and thorough deliberation upon any cause, shall return into the court without having agreed on a verdict, the court may explain to them anew the law applicable to the case, and may send them out again for further deliberation ; but if they shall return a second time without having agreed on a verdict, they shall not be sent out again without their own consent, unless they shall ask from the court some further explanation of the law.””

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