Morgan v. Commonwealth’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[b]estow[s] a substantial right upon the exercise of a peremptory challenge,”

   3 later decisions quote this exact passage · from the majority
   e.g. Kopsho v. State · Shane v. Commonwealth

2. “the right to challenge a given number of jurors without showing cause is one of the most important rights to a litigant; any system for the empaneling of a jury that prevents or embarrasses the full, unrestricted exercise of the right of challenge must be condemned[.] ... [T]he terms of the statutes with reference to peremptory challenges are substantial rather than technical. Such rules, as aiding to secure an impartial, or avoid a partial, jury, are to be fully enforced; ... next to securing a fair and impartial trial for parties, it is important that they should feel that they have had such a trial, and anything that tends to impair their belief in this respect must seriously diminish their confidence and that of the public generally in the ability of the state to provide impartial tribunals for dispensing justice between its subjects.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Cummings v. Commonwealth

3. “Historically, the number of peremptory challenges has fluctuated for both the defense and the Commonwealth. In 1877, the defense was allowed twenty (20) peremptory challenges. The number was reduced to fifteen (15) in 1893; and to eight (8) in 1978. All during these periods, the Commonwealth was allowed only five (5) peremptory challenges. In 1994, RCr 9.40 was amended to allow both the defense and the Commonwealth an equal number, eight (8) peremptory challenges each. Thus, if the peremptory challenge was intended to be a "substantial right" afforded to the defendant, as the majority again holds, I suspect amendments as drastic as those made to RCr. 9.40 would never have been allowed to stand.”

   1 later decision quote this exact passage · from the majority
   e.g. Shane v. Commonwealth