State v. Bashaw’s Empirical Analysis

Citation profile

37 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[b]ecause this is a criminal case, all twelve of you must agree in order to answer the special verdict form,”

   2 later decisions quote this exact passage
   e.g. State v. Bea · State v. Nunez

2. “[W]hen unanimity is required, jurors with reservations might not hold to their positions or may not raise additional questions that would lead to a different result. We cannot say with any confidence what might have occurred had the jury been properly instructed. We therefore cannot conclude beyond a reasonable doubt that the jury instruction error was harmless.”

   1 later decision quote this exact passage
   e.g. 163 Wash. App. 394 - State v. Campbell

3. “Retrial of a defendant implicates core concerns of judicial economy and finality. Where, as here, a defendant is already subject to a penalty for the underlying substantive offense, the prospect of an additional penalty is strongly outweighed by the countervailing policies of judicial economy and finality.”

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