Wine v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When jurors request additional guidance from the court, the proper procedure is for the judge to notify the parties so they may be present in court before the judge communicates with the jury. The judge should inform the parties of his proposed response to the jury. Communications between the judge and deliberating jury in defendant’s absence are forbidden, but such communications do not constitute per se grounds for reversal. An inference of prejudice arises from an ex parte communication and this inference creates a rebuttable presumption that error has been committed. If this inference is rebutted, the error is deemed harmless. To determine whether the court’s communication to the jury is improper, we evaluate the nature of the communication to the jury and the effect it might have had upon a fair determination.”

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