State v. Freshment’s Empirical Analysis

Citation profile

60 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[c]oaxed recantations in which jurors state they will merely follow the law, whether prompted by the trial court, the prosecution, or the defense, do not cure or erase a clearly stated bias which demonstrates actual prejudice against the substantial rights of a party.”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Heath · State v. Burkhart

2. “1) The accumulation of evidence may be such that a jury would find the defendant a bad person and wish to convict the defendant of something; 2) A jury might use evidence of guilt on one count to convict on another count, even though that evidence would be inadmissible at a separate trial on the latter count; 3) The defendant may suffer prejudice by wanting to testify on one count and not another.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Taylor · State v. Yecovenko

3. “a state of mind in reference to the case or to either of the parties that would prevent the juror from acting with entire impartiality and without prejudice to the substantial rights of either party.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Heath · State v. Burkhart