People v. Castro’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The distance between the deceased and defendant at the time of the fatal shot was fired was a vital issue in the case. The clothing worn by the deceased was in evidence, and when exhibited to the jury showed no powder marks. . . . [The defendant’s] affidavits [showed] that during the progress of the [trial] two of the jurors borrowed a rifle similar to that with which the deceased was killed, bought some cotton drilling, retired to the outskirts of the city, and there made experiments by firing the rifle, for the purpose of determining at what distance powder marks would be carried by the fire .... [The jurors] were evidently honest, and desirous of getting at the truth of the matter; but they were too zealous, and their misconduct in this particular demands a retrial of the case. Jurors cannot be permitted to investigate the case outside the courtroom. They must decide the guilt or the innocence of the defendant upon the evidence introduced at the trial. It is impossible for this court to say that this outside investigation did not affect the result as to the character of the verdict rendered. For, when misconduct of jurors is shown, it is presumed to be injurious to defendant, unless the contrary appears. [Citations.]” (People v. Conkling, supra, 111 Cal. at pp. 627-628.)”

   2 later decisions quote this exact passage
   e.g. Smoketree-Lake Murray, Ltd. v. Mills Concrete Construction Co. · 63 Cal. App. 4th 919 - Bell v. State of California

2. ““Applying the Martinez standard of review, it becomes obvious that [the juror’s] experiment affected his own impartiality, it lessened the prosecution’s burden of proof, and it contradicted appellant’s defense that he was not the inmate who threw the burning mop into the maintenance building. “The very integrity of the jury deliberative process is at stake here. A juror conducted his own experiment at home which inferentially affected his verdict thereby creating a rebuttable presumption of prejudice. Because the prosecution failed to rebut the presumption and because the record does not permit a finding of harmless error, the judgment of conviction must be reversed.” (People v. Castro, supra, 184 Cal.App.3d at p. 857 .)”

   1 later decision quote this exact passage
   e.g. Smoketree-Lake Murray, Ltd. v. Mills Concrete Construction Co.

3. “[W]hether the jury's impartiality has been adversely affected, whether the prosecution's burden of proof has been lightened[, or] whether any asserted defense has been contradicted.”

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