State v. LeBlanc’s Empirical Analysis

Citation profile

2 federal appellate · 82 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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It now appears that requiring a jury to do no more than use reasonable efforts to reach a verdict on the charged offense is the better practice and more fully serves the interests of justice and the parties. Under this method, jurors may render a verdict on a lesser-included offense if, after full and careful consideration of the evidence, they are unable to reach agreement with respect to the charged crime. Thus, the jury may deliberate on a lesser offense if it either (1) finds the defendant not guilty on the greater charge, or (2) after reasonable efforts cannot agree whether to acquit or convict on that charge.”

   5 later decisions quote this exact passage
   e.g. STATE of Tennessee v. Phedrek T. DAVIS · State v. Lee

2. “[An acquit first instruction] has the merit, from the Government's standpoint, of tending to avoid the danger that the jury will not adequately discharge its duties with respect to the greater offense, and instead will move too quickly to the lesser one. From the defendant's standpoint, it may prevent any conviction at all; a jury unable either to convict or acquit on the greater charge will not be able to reach a lesser charge on which it might have been able to agree. But it entails disadvantages to both sides as well: By insisting on unanimity with respect to acquittal on the greater charge before the jury can move to the lesser, it may prevent the Government from obtaining a conviction on the lesser charge that would otherwise have been forthcoming and thus require the expense of a retrial. It also presents dangers to the defendant. If the jury is heavily for conviction on the greater offense, dissenters favoring the lesser may throw in the sponge rather than cause a mistrial that would leave the defendant with no conviction at all, although the jury might have reached sincere and unanimous agreement with respect to the lesser charge. An instruction permitting the jury to move on to the lesser offense if after all reasonable efforts it is unable to reach a verdict on the greater likewise has advantages and disadvantages to both sides the mirror images of those associated with [acquit first instructions]. It facilitates the Government's chances of getting a conviction for ”

   2 later decisions quote this exact passage · from the concurrence
   e.g. State v. Lewis · STATE of Tennessee v. Phedrek T. DAVIS

3. “Although today’s decision directs trial courts to abandon the Wussler rule in favor of a “reasonable efforts” instruction, we remain persuaded that the acquittal-first requirement does not violate the United States or Arizona Constitutions. Moreover, the giving of a Wussler-type instruction does not rise to the level of fundamental error. Finally, because the change we make today is procedural in nature, adopted for purposes of judicial administration, its application is prospective only.”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Goodwin · State v. Lee