Bell v. Commonwealth’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]t must be evident and clear from the instructions and verdict form that the jury agreed, not only that [Appellant] committed one count of sodomy, but also exactly which incident they all believed occurred [and voted for]. Otherwise, [Appellant] is not only denied a unanimous verdict, but is also stripped of any realistic basis for appellate review of his conviction for sodomy. In other words, without knowing which instance of sodomy is the basis of his conviction, [Appellant] cannot rationally challenge the sufficiency of the evidence on appeal.”

   3 later decisions quote this exact passage · from the majority
   e.g. Miller v. Commonwealth · Johnson v. Commonwealth

2. “When analyzing whether a trial court has coerced a jury verdict, this Court has explained that the “ultimate test of coercion is whether the instruction actually forces an agreement on a verdict or whether it merely forces deliberation which results in an agreement.” We analyze the totality of the circumstances. The time lapse between the alleged coercive comment and the verdict may be relevant as part of the totality of circumstances, though not decisive. “[Statements which merely impress upon the jury the propriety and importance of coming to an agreement do not rise to the level of reversible error.” At the same time, however, it must be remembered that “the words and acts of a presiding judge have great weight with juries, and for that reason we have often written that he should at all times be cautious in what he says or does in the presence of the jury.””

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

3. “[t]he Commonwealth, in its closing, identified the five distinct incidents [of rape or sexual abuse]. Because the jury ultimately found Bell guilty of all five counts of sexual abuse, it can be rationally and fairly deduced that each juror believed Bell was guilty of the five distinct incidents identified by the Commonwealth. [19]”

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