State v. Valenzuela’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “THE COURT: Miss Pollack, do I take it right that you don’t want to participate? MISS POLLACK: I just can’t, can’t make an opinion on this case— THE COURT: Well— MISS POLLACK: —Yes or no, you know. Then—they all are ganging up on me now. THE COURT: I don’t want to know— MISS POLLACK: That’s what— THE COURT: Listen to me. I don’t want to hear from you what they are saying in there. I don’t want to know from you what your position is on this case. My question of you is, are you willing to sit and discuss the case with them? MISS POLLACK: No, I don’t want to. THE COURT: You don’t want to? MISS POLLACK: They have a feeling that I’m not going to go with them or something, is what they are saying. THE COURT: Do you understand what your function is? MISS POLLACK: Yes. THE COURT: Are you willing to try to follow your oath or not? MISS POLLACK: They just have an opinion that they don’t want me. That’s what I can see now, and I think I would be better if I went—I wouldn’t have nothing in this. THE COURT: When you’re saying, they have a thing that they don’t want you, are you saying that— MISS POLLACK: I don’t know what their problem is, but that’s what they are saying, now. THE COURT: Do you wish to continue as a juror or not? MISS POLLACK: No. THE COURT: Are you telling me that you are unable to continue because of some personal feeling you have about the case? MISS POLLACK: Yes. THE COURT: Can you tell me why? MISS POLLACK: No, I just can’t make an opinion, that’s what I think. THE CO”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Valenzuela

2. “THE COURT: Miss Pollack, do you understand it is the function of the 12 people who are in that room to talk about the case, talk about the facts they’ve heard and apply those facts to the law that I gave to the jury? MISS POLLACK: Yes. THE COURT: Pardon me? MISS POLLACK: Yes. THE COURT: Are you able to do that? MISS POLLACK: I could do it, but they are thinking—they are thinking discounting me. It’s not going to go their way. They have a feeling that I’m a hindrance to this opinion, final verdict or whatever you call it THE COURT: But you understand the nature of what you must do? MISS POLLACK: Yes. THE COURT: And are you willing to do that? MISS POLLACK: Yes. THE COURT: Now, that doesn’t mean it could, necessarily, be easy or difficult in there to talk about it with the other people, but are you willing to abide by your oath? MISS POLLACK: Yes. THE COURT: Can you do that? MISS POLLACK: Yes. THE COURT: Now, before you told me that you couldn’t get an opinion about this. What did you mean by that? MISS POLLACK: They just have a feeling that I’m not going—fit in with this case. That’s what they are telling me.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Valenzuela

3. “THE COURT: Miss Pollack, I must speak to you, now, about your rol[e] as a juror. I am not going to ask you how you’re voting because I do not want to be told how you’re voting or how the other members of the jury are voting. Do you understand? MISS POLLACK: Yes. THE COURT: But the jury, the other 11 members of the jury have indicated to me their belief that you are having difficulty knowing what you’re doing in there. Do you understand that you must decide the ease with them? Are you able to do that? MISS POLLACK: I don’t think so. THE COURT: You do not Are you able to communicate with them and discuss the case? MISS POLLACK: I did, but everybody else has a different opinion— THE COURT: All right. MISS POLLACK: On account of me. I don’t want it to be a mistrial, what they are saying in there— THE COURT: I take care of that. My question is and my inquiry has to be if you are able to function. They’ve indicated to me there’s a problem in there that they say that you are changing your mind every 10 seconds, for example, about this particular case. Is that happening in there? MISS POLLACK: Yes.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Valenzuela