Ex Parte Green’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he prohibition [embodied by Rule of Evidence 606(b)] sometimes results in improper conduct in the jury room that impermissibly affects the verdict. Here, it was improper speculation about parole. In another case, it may be a juror using personal experience, unrelated to the case at bar, to influence the vote of other jurors, such as a juror who has been burglarized talking about the sense of violation that such victims feel and urging conviction or severe punishment based not on the burglary, but on the juror’s own emotional distress in response to a different burglary. We should not invade the jury room for little purpose, but due process demands that there be a way to address blatant misconduct. Rule 606(b) bars any examination of the process. A trial cannot be fair if jury deliberations are tainted. [[Image here]] The inability to challenge jury misconduct is a violation of applicant’s right to due process and a fair trial. I respectfully dissent.”

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