State v. Rachuy’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Schwartz v. Mpls. Suburban Bus Co., 258 Minn. 325, 328 , 104 N.W.2d 301, 303 (1960), we outlined procedures to be followed when a party seeks to impeach a verdict. Rule 26.03, subd. 19(6), Rules of Criminal Procedure, adopts the procedures outlined in Schwartz . This rule states: “Affidavits of jurors shall not be received in evidence to impeach their verdict. If the defendant has reason to believe that the verdict is subject to impeachment, he shall move the court for a summary hearing. If the motion is granted the jurors shall be interrogated under oath and their testimony recorded.” At common law the general rule in Minnesota was to disallow juror testimony or affidavits to impeach a verdict. There were exceptions, however, including “when there was some indication that a juror gave false answers on voir dire which concealed prejudice or bias toward one of the parties and thereby deprived that party of a fair trial.” [Footnote omitted]. Note, 4 Wm. Mitchell L.Rev. 417, 432. The best argument in favor of a hearing is that such hearings should be liberally granted. Olberg v. Minneapolis Gas Co., 291 Minn. 334, 343 , 191 N.W.2d 418, 425 (1971). Since only one juror was involved, it probably would not have taken much of the court’s time to hold such a hearing. The focus of the examination would probably not have been on the deliberations of the jurors but on the particular juror’s feelings about defense counsel and whether it was likely that those feelings, if negative, pre”

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