No. 91-3313’s Empirical Analysis

Citation profile

12 district · 9 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Well, I guess, first of all, I move for a mistrial based on that, just for the record. " (Emphasis added.) Counsel provided no reasons for this rather half-hearted request, and he must therefore have been relying on his earlier erroneous contentions that the JTAA does not apply to the death of a member of a juror's family and that the Constitution requires a twelve-member jury. His position in the trial court is a far cry indeed from his position on appeal, for his principal claim in this court is that a mistrial should have been granted because the trial was short and because a retrial therefore would not be costly. But even if we assume, without deciding, that Salmon's appellate contentions are properly before us, we are satisfied that there was no abuse of discretion. "A mistrial is a severe remedy — a step to be avoided whenever possible, and one to be taken only in circumstances manifesting a necessity therefor.”

   1 later decision quote this exact passage
   e.g. Salmon v. United States

2. “To find reversible error, we would have to conclude that the jury disregarded the court's instructions. There is no reason to assume that it did so.”

   1 later decision quote this exact passage
   e.g. United States v. Khatallah

3. “We review the district court's Rule 403 determinations 'with great deference, reversing only for "grave abuse”

   1 later decision quote this exact passage
   e.g. Stevenson, Robert v. DC Metro Plce Dept