Donovan v. State’s Empirical Analysis
1989
Citation profile
4
cited by 4 later decisions
1
states following
February 2017
most recently cited
2 federal appellate · 2 state decisions
Relationships
Relies on Russell v. State · Munn v. State · Clark v. State · Mosby v. State · Pruett v. State
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although the appellant argues that the instruction was unduly emphasized when the court did not repeat all the instructions, we do not agree. We do agree that additional instructions must be used with care. The case of Hicks v. State, 225 Ark. 916 , 287 S.W.2d 12 (1956), cited by appellant, makes it clear that it is preferable to settle the instructions in chambers. Moreover, Rush v. State, 239 Ark. 878 , 395 S.W.2d 3 (1965), shows the danger of giving new or repeated instructions after jury deliberations have begun. However, in McGaha v. State, 216 Ark. 165 , 224 S.W.2d 534 (1949), the court said: The trial court did not err in reinstructing on the degrees of homicide after the jury reported agreement on the question of defendant's guilt as to some offense. It is within the province of the presiding judge to give further instructions when, in the exercise of proper discretion, he regards it necessary to do so in the furtherance of justice, and it is not always necessary in such cases that he should repeat the whole charge. (Citations omitted.)”
1 later decision quote this exact passage“(d) The judge may recall the jury after it has retired to deliberate and give it additional instructions in order to: (i) correct or withdraw an erroneous instruction; (ii) clarify an ambiguous instruction; or (iii) inform the jury on a point of law which should have been covered by the original instructions. (e) Should additional instructions be given, the judge in his discretion may allow additional argument by counsel.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.