Keyes v. Amundson’s Empirical Analysis

Citation profile

1 district · 35 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury’s deliberations or to the effect of anything upon the juror or any other juror’s mind or emotions as influencing the juror to assent to or dissent from the verdict or indictment or concerning the juror’s mental processes in connection therewith. However, a juror may testify on the questions whether extraneous prejudicial information was improperly brought to the jury’s attention, whether any outside influence was improperly brought to bear upon any juror, or whether the verdict of the jury was arrived at by chance. Nor may a juror’s affidavit or evidence of any statement by the juror concerning a matter about which the juror would be precluded from testifying be received for these purposes.”

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

2. “may be unavoidable. As the North Dakota court observed: Undoubtedly, there will be situations, particularly in rural communities, where views of the accident scene by jurors are unavoidable. It is foreseeable that jurors may be called upon to sit on cases where the accident occurred at a major intersection in town, or even in front of the courthouse. A casual view by jurors in such cases is inevitable; however, without more, it is not likely to affect the verdict. Keyes v. Amundson, 343 N.W.2d 78, 86 (N.D. 1983). All things considered, it would seem that alternate juror Turnage's”

   1 later decision quote this exact passage
   e.g. 625 So. 2d 407 - Gladney v. Clarksdale Beverage Co., Inc.

3. “Once the court determines from the affidavits that extraneous prejudicial information has improperly reached the jury or that outside influence was improperly brought to bear upon any juror, the court must apply an objective standard to determine its prejudicial effect. We hold that the appropriate standard is for the trial court to determine if there is a reasonable possibility that the extrinsic material could have affected the verdict, and, if so, a new trial is required. In so doing, the court is to consider the possible prejudicial effect on a hypothetical average jury.”

   1 later decision quote this exact passage
   e.g. Praus Ex Rel. Praus v. MacK