Hay v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “should have been read aloud in open court so that the defendant could have been afforded an opportunity to have the jury polled. The White case is distinguishable from the instant case in two ways. First, defense counsel in the White case objected to the jury being retired for further deliberations. Here, appellant did not object to the jury being retired. Instead, counsel waited until after the jury had been sent back twice to object and then only objected to the form of the verdict. Second, only one verdict in the White case was returned; that being one of”

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

2. ““The State or the defendant shall have the right to have the jury polled, which is done by calling separately the name of each juror and asking him if the verdict is his. If all, when asked, answer in the affirmative, the verdict shall be entered upon the minutes; but if any juror answer in the negative, the jury shall retire again to consider its verdict.””

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

3. ““In ruling upon the admissibility of evidence, the judge shall not discuss or comment upon the weight of the same or its bearing in the case, but shall simply decide whether or not it is admissible; nor shall he, at any stage of the proceeding previous to the return of the verdict, make any remark calculated to convey to the jury his opinion of the case.””

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