56 Ill. 2d 361 - People v. Pierce’s Empirical Analysis

Citation profile

147 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 151 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * [T]here are differing views on whether a trial judge upon a jury’s request during its deliberations should permit a review of testimony that was presented during trial. Some have taken the position that where the requested testimony is directly material to the issues in the case the trial court must grant the jury’s request. (E.g., United States v. Jackson (3d Cir.), 257 F.2d 41 .) The view taken in the ABA Standards, Trial by Jury, section 5.2 (Approved Draft, 1968), is that the trial court is obliged to have the testimony read to the jury whenever the jury’s request is reasonable, the determination of which, of course, involves an exercise of discretion. A third view is that it is within the discretion of the trial court to allow or refuse the request for the review of testimony. The majority of courts which have considered the question have adopted this view. ( 50 A.L.R.2d 176 .) We consider that the position of the majority is to be preferred. The trial court will have a full knowledge of the case. It will know the charges against the accused, the witnesses and their supporting or defeating testimony and other evidence which may have been presented. It will be in a position to assess the request and judge whether a review of testimony, considering the circumstances, will be helpful or hurtful to the jury’s proper deliberations. This question of review, like so many others which appear in the course of trial, is best entrusted to the trial court’s sound discretion.””

   10 later decisions quote this exact passage · from the majority
   e.g. State v. Arquilla · 101 Ill. App. 3d 892 - People v. Bibbs

2. ““Moreover, the defendant cannot be heard to complain of error in the refusal to review the testimony of the victim and the arresting officer. A review of the testimony of both these witnesses discloses only testimony that is unequivocally incriminating and damaging to the defendant, who did not present any defense at trial. The jury had already reached two verdicts at the time of its request for a review of testimony and it is clear that the defendant’s attorney acted protectively and in the defendant’s interest in agreeing that the testimony of these two witnesses should not be reviewed for the jury. If it could be said on any ground that the trial court should not have refused the jury’s request, any consequent error was a species of harmless error, error which favored the defendant and of which he cannot complain. [Citations.] Too, the defendant understandably cannot complain of any deprivation of his right to the assistance of counsel when his attorney’s action plainly was in the defendant’s interest.””

   1 later decision quote this exact passage · from the majority
   e.g. 183 Ill. App. 3d 534 - People v. Perry

3. “I cannot instruct further. You must continue with your deliberations,”

   1 later decision quote this exact passage · from the majority
   e.g. 137 Ill. App. 3d 498 - People v. Tansil