State v. Alston’s Empirical Analysis
1978
Citation profile
3 federal appellate · 132 state decisions
How this case has been cited
Cited by 135 later decisions — most recently November 2013 · most notably State v. Green (1994), State v. Sturdivant (1981)
3 federal appellate · 132 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Allen v. United States · Cole v. United States · Pell v. Procunier · State v. Miller · State v. Noell
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 135 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) . . . that in order to return a verdict, all 12 jurors must agree to a verdict of guilty or not guilty. (b) . . . that: (1) Jurors have a duty to consult with one another and to deliberate with a view to reaching an agreement, if it can be done without violence to individual judgment; (2) Each juror must decide the case for himself, but only after an impartial consideration of the evidence with his fellow jurors; (3) In the course of deliberations, a juror should not hesitate to reexamine his own views and change his opinion if convinced it is erroneous; and (4) No juror should surrender his honest conviction as to the weight or effect of the evidence solely because of the opinion of his fellow jurors, or for the mere purpose of returning a verdict.”
9 later decisions quote this exact passage“(1) the court’s mention of the inconvenience and expense of empaneling another jury to try the case; (2) the court’s statement that an agreement would ease the tension within the jury but that disagreement would be the first step towards deadlock; (3) the court’s admonition that the jury should not put up with any juror who wanted to discuss one point endlessly; and (4) an intimation by the court that any juror who found himself in the minority should question the correctness of his decision. Alston , at 592.”
2 later decisions quote this exact passage“an appellate court must consider the circumstances under which the instructions were made and the probable impact of the instructions on the jury.”
2 later decisions 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.