United States v. Brown’s Empirical Analysis

Citation profile

18 federal appellate · 1 district · 2 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The district court’s order denyirtg the request for juror identifying information and questionnaires in this case is analogous to the order upheld in Cleveland. The order is sufficiently narrow. It has no requirement for a showing of good cause for conducting post-verdict interviews. It merely states that the 00101; will not release juror information without the juror’s consent. The judge affirmatively asked the jurors whether they wished to relinquish their privacy. Any juror may, at any time, voluntarily decide to relinquish his confidentiality. The only restriction placed on such interviews is the court’s instruction that jurors may not be interviewed concerning juror deliberations absent a special order from the judge. This is consistent with our understanding that “[ejompelling governmental interests] in the integrity of jury deliberation require that the privacy of such deliberations and communications dealing with time be preserved.” According to this circuit’s established easelaw, protecting jurors from post-verdict harassment and invasions of privacy is a legitimate concern. The measures used by the district court, while at the outer limit of permissible restrictions, were narrowly tailored to prevent real threats to the administration of justice, not just in this case but in the subsequent related prosecutions. If jurors voluntarily waive their anonymity and consent to interviews on matters other than jury deliberations, so be it. They need not become unwilling pawn”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Neulander

2. “a. If the government intends to present evidence via live witnesses, the government shall inform the court and the parties of that fact not later than December 19, 2003, so that arrangements can be made for the defendant to be present at the hearing. If the government does intend to present evidence, the defendant’s counsel shall notify the court on or before January 2, 2003, whether the defendant will consent to appear at the hearing by videoconferencing or instead stands on his right to be personally present at the hearing. b. On or before December 19, 2003, the government shall submit a brief on the following issues: (1) the degree to which the jury should be “anonymous” or “innominate”; and (2) the extent to which prohibitions upon disclosure of the identity of or other information about jurors, or attempts to discover such information, should be imposed upon the parties, their counsel, court and clerks’ office personnel, and the news media. The defendant shall submit a responsive brief on these issues on or before January 2, 2004. The government’s reply, if any, may be filed on or before January 9, 2004. c. Any objections to closure of the hearing on the government’s motion for an anonymous jury, and any suggestion of any alternatives to closure of the hearing, must be filed not later than January 5, 2004.”

   1 later decision quote this exact passage · from the majority
   e.g. 380 F. Supp. 2d 996 - United States v. Honken

3. “(l)the defendants’ involvement in organized crime; (2) the defendants’ participation in a group with the capacity to harm jurors; (3) the defendants’ past attempts to interfere with the judicial process or witnesses; (4) the potential that, if convicted, the defendants will suffer a lengthy incarceration and substantial monetary penalties; and, (5) extensive publicity that could enhance the possibility that jurors’ names would become public and expose them to intimidation and harassment. 103”

   1 later decision quote this exact passage · from the concurrence
   e.g. United States v. Brown