Tucker v. Catoe’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Does the charge speak specifically to the minority juror(s)? (2) Does the charge include any language such as “You have got to reach a decision in this case”? (3) Is there an inquiry into the jury’s numerical division, which is generally coercive? (4) Does the time between when the charge was given, and when the jury returned a verdict, demonstrate coercion?”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Williams · State v. Taylor

2. “knowledge of the jury's numerical division combined with knowledge of its decisional disagreement, followed by an Allen charge directed, at least in part, to minority jurors, is impermissibly coercive.”

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

3. “[T]o alleviate problems in future cases where the jury is deadlocked, we would advise trial judges to instruct the jurors not to disclose their numerical division.”

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