464 So. 2d 856 - Bernard v. Richoux’s Empirical Analysis
1985
Citation profile
11 state decisions
How this case has been cited
Cited by 11 later decisions — most recently June 2010
11 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Irvin v. Dowd · 410 So. 2d 1019 - State v. Willie · 315 So. 2d 307 - State v. Bell · 430 So. 2d 627 - State v. Harper · 425 So. 2d 1241 - State v. David
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A juror may be challenged for cause based upon any of the following: (1) When the juror lacks a qualification required by law; (2) When the juror has formed an opinion in the case or is not otherwise impartial, the cause of his bias being immaterial; (3) When the relations whether by blood, marriage, employment, friendship, or enmity between the juror and any party or his attorney are such that it must be reasonably believed that they would influence the juror in coming to a verdict; (4) When the juror served on a previous jury, which tried the same case or one arising out of the same facts; (5) When the juror refuses to answer a question on the voir dire examination on the ground that his answer might tend to incriminate him.”
3 later decisions quote this exact passage“[The plaintiffs] complaint regarding the refusal of the trial judge to allow her to “reserve” at least one peremptory challenge until after the jury was selected but before being sworn is meritless. This procedure is without precedent in our 17law and our knowledge and experience, and appellant cites no authority whatsoever for same.”
2 later decisions quote this exact passage“The constitutional standard of fundamental fairness requires that a defendant be judged by a panel of impartial and unbiased jurors. This does not mean, however, that they must be totally ignorant of the facts and issues involved. State v. Willie, 410 So.2d 1019 (1982); State v. Bell, 315 So.2d 307 (La.1975). In some instances we have determined that a juror, who has read or heard about the case, can sufficiently lay aside his impression or opinion of defendant's guilt or innocence and render a verdict based on the evidence presented in court. See most recently, State v. David, 425 So.2d 1241 (La.1983). Usually it is incumbent upon the defendant "to demonstrate the actual existence of such an opinion in the mind of the juror as will raise the presumption of partiality." State v. David, supra ... and most recently, in State v. Monk, 454 So.2d 421 (La.App. 3rd Cir.1984), our brothers of the Third Circuit, with whom we agree, stated: There is a presumption that a juror's answers on voir dire are truthful. Irvin v. Dowd, [ 366 U.S. 717 , 81 S.Ct. 1639 6 L.Ed.2d 751 (1961) ] The trial judge is vested with broad discretion in ruling on a challenge for cause which ruling will not be disturbed on appeal absent an abuse of that discretion. State v. Sylvester, [ 400 So.2d 640 (La.1981) ]”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.