Fields v. Brown’s Empirical Analysis

Citation profile

9 federal appellate · 2 district ·

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

1. ““In most situations, void dire, ‘the method we have relied on since the beginning,’ should suffice to identify juror bias.” [Tinsley v. Borg, 895 F.2d 520, 528 (9th Cir.1990) ] (quoting Patton v. Yount, 467 U.S. 1025, 1038 , 104 S.Ct. 2885 , 81 L.Ed.2d 847 (1984)). This is because truthful disclosure of information during voir dire sets up a challenge for cause (or in less clear-cut cases, a peremptory challenge) that can be exercised before resources are devoted to trying the case to verdict. Cause challenges lie for implied (or presumed) bias as well as for actual bias. See [United States v.] Gonzalez, 214 F.3d [1109, 1111 (9th Cir.2000) ]. Honesty is the heart of the jury-selection process in an adversarial system; indeed, “voir dire” means “to speak the truth.” The whole point of the voir dire process is to elicit information from the venire that may shed light on bias, prejudice, interest in the outcome, competence, and the like so that counsel and the parties may exercise their judgment about whom to seat and whom to challenge. [Footnote omitted] Accordingly, when the issue of bias arises after trial (as it did in McDonough and Tinsley) or, as here, on collateral review of a conviction in state court, dishonesty in voir dire is a critical factor. As McDonough indicates, “it ill serves the important end of finality” to wipe the slate clean when the potentially disqualifying relationship is disclosed on voir dire examination. 464 U.S. at 555, 104 S.Ct. 845 , 78 L.Ed.2d 66”

   1 later decision quote this exact passage · from the concurrence
   e.g. 619 F. Supp. 2d 1028 - Thompson v. Woodford

2. “"Romans 13:1-5 'Let everyone be subject to the higher authorities, for there exists no authority except from God, and those who exist have been appointed by God. Therefore, he who resists the authority, resists the ordinance of God; and they that resist bring on themselves condemnation ‘For rulers are a terror not to the good work but to the evil. Dost thou wish, then, not to fear the authority? 'Do what is good and thou will have praise from it. For it is God['s] minister to thee for good. But if thou dost what is evil, fear, for not without reason does it carry the sword. For it is God's minister, an avenger to execute wrath on him who does evil. Wherefore you must needs be subject, not only because of the wrath, but also for conscience’s sake.’ ””

   1 later decision quote this exact passage · from the concurrence
   e.g. Fields v. Brown

3. ““Genesis 9:6 ‘Whoso sheddeth man's blood by man shall his blood be shed, for in the image of God made He man' ” “Exodus 21:12 ‘He that smiteth a man, so that he dies, shall surely be put to death' "”

   1 later decision quote this exact passage · from the concurrence
   e.g. Fields v. Brown