224 Ga. App. 809 - Herring v. State’s Empirical Analysis
1997
Citation profile
21 state decisions
How this case has been cited
Cited by 21 later decisions — most recently January 2020
21 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Jackson v. Virginia · Brady v. State of Maryland · Davis v. Alaska · United States v. Jorn · Williams v. State
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“it must be an informed exercise [of discretion], Scott v. State, 219 Ga. App. 798, 799 (2) ( 466 SE2d 678 ) (1996), since “the erroneous replacement of a juror may under certain circumstances deprive a defendant of his valued right to have his trial completed by a particular tribunal, his sixth amendment right to a fair, impartial and representative jury, and his due process rights grounded in the entitlement to procedures mandated by state law.” Peek v. Kemp, 784 F2d 1479, 1483 (2) (11th Cir. 1986). See also United States v. Jorn, 400 U. S. 470,484 (II) (91 SC 547, [556-557,] 27 LE2d 543) (1971). “ ‘There must be some “sound” basis upon which the trial judge exercise(s) his discretion’ to remove the juror. [Cit.] Dismissal of a juror ‘for want of any factual support, or for a legally irrelevant reason’is prejudicial. [Cit.]” Green v. Zant, 715 F2d 551, 555 (11th Cir. 1983).”
2 later decisions quote this exact passage““The rule allowing the admission of similar transaction evidence is usually applied more liberally with evidence of prior attempts by the accused to commit the same crime upon the victim of the offense for which he stands charged. Certain otherwise inexplicable assaults, such as occur in a series of incidents of wife or child abuse, particularly lend themselves to this exception to the ‘other offenses’ rule on questions of both identity and motive.” (Citations and punctuation omitted.) Parcell v. State, 198 Ga. App. 439 (1) ( 401 SE2d 628 ) (1991). The evidence was properly admitted.”
1 later decision quote this exact passage“[i]f at any time, whether before or after final submission of the case to the jury, a juror dies, becomes ill, upon other good cause shown to the court is found to be unable to perform his duty, or is discharged/or other legal cause, the first alternate juror shall take the place of the first juror becoming incapacitated.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.