State v. Miller’s Empirical Analysis

Citation profile

49 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The arguments against ordering a hearing at this late date are understandable. Memories fade with time. Assuming the jurors can be reassembled, testimony obtained now might be suspect, and its reliability subject to challenge. Moreover, the judge who saw the witnesses and heard the case on its merits has long since retired. Ordering a hearing now will leave another judge who had no involvement in the trial with the difficult task of determining whether the communication prejudiced the verdict.”

   1 later decision quote this exact passage
   e.g. 319 N.J. Super. 1 - State v. Bisaccia

2. ““The requirement that a jury’s verdict 'must be based upon the evidence developed at the trial’ goes to the fundamental integrity of all that is embraced in the constitutional concept of trial by jury.” The danger of compromising this integrity is never greater than when the process is contaminated by outside influences.”

   1 later decision quote this exact passage
   e.g. Dunn v. Maras

3. “to determine whether a hearing at this late date is feasible. If so, the judge is to proceed with the hearing and make appropriate findings consistent with this opinion. If not, the judge must set aside the verdict and order a new trial.”

   1 later decision quote this exact passage · from the majority
   e.g. 319 N.J. Super. 1 - State v. Bisaccia