McBurney v. Cameron’s Empirical Analysis

Citation profile

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

1. “While a juror has a duty to respond truthfully, the lawyers have a duty to frame their questions in a way that makes clear what information is being sought. Ambiguity in the phrasing of questions cannot create a unilateral option to demand a new trial based on nondisclosure. Thus, intentional nondisclosure can be found only if a clear question is asked on voir dire. There is no issue of nondisclosure when the question does not trigger a duty to respond. The first issue, therefore, in a case of claimed nondisclosure is whether the question, in context, was clear and unambiguous. This is an objective inquiry that looks to whether the appellant can show that there exists “no reasonable inability to comprehend the information solicited by the question.” In other words, if a person could reasonably be confused, the question is not sufficiently clear to warrant further inquiry into the alleged nondisclosure. ... With regard to the issue of clarity of the question, it cannot help an appellant to argue that a reasonable venire member could have understood the question (that is, could have understood what counsel intended). The issue is whether a reasonable venire member would have understood what counsel intended.”

   1 later decision quote this exact passage
   e.g. Sapp v. MORRISON BROTHERS CO.