Parson v. State’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 43 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In concluding this facet of the case, in which it took nine and one-half days to draw the jury, we state our concern regarding the recent practice of permitting voir dire examination of prospective jurors directly by counsel rather than by the trial court, as heretofore. We think the present trend toward a more prolix voir dire examination of prospective jurors by counsel must be brought under control in this State before it grows into the disgraceful practice we have seen elsewhere, often taking more trial days to select the jury than it does to try the case. Too often we see the voir dire process being misused to argue the case, to indoctrinate the jury, and to seek other undue advantage. “We caution against voir dire examination of jurors at inordinate length and on questionable and irrelevant matters. We do so without casting any reflection upon counsel in the instant case. The recent tendency to indulge in voir dire examination of a prolixity heretofore unknown in this State, with its trial delays and its adverse effect upon already heavily-burdened trial courts, requires that restrictive guidelines should be imposed forthwith for tighter control of the jury-drawing process. “The matter is governed in this State by Superior Court Criminal Rule 24(a) which is the same as Federal Criminal Procedure Rule 24(a) from which our rule was taken. We are of the opinion that as a general rule, in the exercise of the discretion vested in him by Rule 24(a), the trial judge should re”

   1 later decision quote this exact passage
   e.g. Preston v. State

2. ““1. The extent to which the amnesia affects his ability to consult with his lawyer; 2. The extent to which the amnesia affects the defendant’s ability to testify in his own behalf; 3. The extent to which the evidence in the suit could be extrinsically reconstructed in view of the defendant’s amnesia including evidence relating to the crime itself, as well as any reasonably possible alibi; 4. The extent to which the government assisted the defendant and his counsel in that reconstruction; 5. The strength of the prosecution’s case; that is, whether it is such as to negate all reasonable hypothesis of innocence. In this connection, if there is any substantial possibility shown by the evidence that the accused could, but for his amnesia, establish an alibi or other defense, then it should be presumed that he would have been able to do so; and 6.Any other facts and circumstances which would indicate whether or not the defendant had a fair trial.’’”

   1 later decision quote this exact passage
   e.g. State v. Shields

3. “When a juror is called in a capital case, he shall be first sworn or affirmed upon the voir dire and then asked, under the direction of the court, if he has formed or expressed any opinion in regard to the guilt or innocence of the prisoner at the bar ... If his answer to the question be in the affirmative, he shall be disqualified to sit in the case, unless he shall say, upon his oath or affirmation, to the satisfaction of the court, that he feels able, notwithstanding such an opinion, to render an impartial verdict upon the law and the evidence, in which event he shall be a competent juror, if not otherwise disqualified, challenged, or excused.”

   1 later decision quote this exact passage
   e.g. Dawson v. State