Hammond v. Brown’s Empirical Analysis

Citation profile

22 federal appellate · 2 district · 5 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * that Attorney General Brown and his Special Counsel were mistaken in relying on this broad custom [of issuing grand jury reports] when the Special Grand Jury Report violates specific law in and out of Ohio. Nevertheless, this court has weighed the sincerity and candor of Attorney General Brown’s testimony, the forthright statements of Special Counsel Balyeat, and the frank concessions of Special Counsel Ford. * * [T]heir collective error of law was committed in a good-faith misconception of the controlling law applicable to a grand jury report of the type and content of the Special Grand Jury Report. Bad faith in the sense of deliberate willful perversion of the law to gain an improper purpose is not directly shown and it will not be inferred. ***#■»# “After considering all aspects of the claim of bad faith prosecution of the indictments amounting to a deprivation of the right to fair trial, it is determined and declared, on this record and at this pretrial stage of the State prosecutions, that a deprivation of the right to a fair trial has not been shown. Moreover * * * there is no showing of facts that clearly prove an irreparable and immediate injury to the right to a fair trial.” Hammond v. Brown, 323 F.Supp. 326 , 356 (N.D.Ohio 1971).”

   1 later decision quote this exact passage · from the majority
   e.g. Hammond v. Brown

2. ““* * * [W]e think the proper function of the grand, jury under Rule 18 is to serve as a part of the criminal judicial process, not a civil investigative arm of the executive. As the court stated in Hammond v. Brown [supra] : ‘* * * The grand jury in its inquest of crimes and offenses is part of the judicial branch of government. Like other branches of government the judicial branch is subject to the doctrine of separation of powers. State ex rel. Finley, Judge v. Pfeiffer, Bd. of County Commissioners, 163 Ohio St. 149 , 126 N. E. 2d 57 (Ohio Sup. Ct. 1955). The grand jury is part of the judicial branch of government and is separate and distinct from the legislative and executive branches of government; and the grand jury, therefore, may not "impinge upon the authority or rights of the others,” Finley, supra, at 149, 126 N. E. 2d at 58.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. In Re Grand Jury of Wabasha County, Etc.

3. ““Hence, a grand jury is without authority to issue a report that advises, condemns or commends, or makes recommendations concerning the policies and operation of public boards, public officers, or public authorities. Protection of the ‘doctrine of the separation of powers’ is carefully developed and relied on in a widely quoted and authoritative decision, Application of United Electrical, Radio & Machine Workers, 111 F. Supp. 858 (S. D. N. Y. 1953), in which Judge Edward Weinfeld ordered expunged a ‘presentment’ of a grand jury that was actually a report.” 323 F. Supp. 345 .”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Grand Jury of Wabasha County, Etc.