Hampton v. State’s Empirical Analysis

Citation profile

44 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A group to be ‘cognizable’ for present purposes must have a definite composition. That is, there must be some factor which defines and limits the group. A cognizable group is not one whose membership shifts from day to day or whose members can be arbitrarily selected. Secondly, the group must have cohesion. There must be a common thread which runs through the group, a basic similarity in attitudes or ideas or experience which is present in members of the group and which cannot be adequately represented if the group is excluded from the jury selection process. Finally, there must be a possibility that exclusion of the group will result in partiality or bias on the part of juries hearing cases in which group members are involved. That is, the group must have a community of interest which cannot be adequately protected by the rest of the populace.”

   5 later decisions quote this exact passage
   e.g. Smiloff v. State · Kelly v. State

2. “There is a one-year residency requirement for jury service in the federal courts. The legislative history of the provision illustrates that the purpose of the provision is to guarantee ‘some substantial nexus between a juror and a community whose sense of justice the jury as a whole is expected to reflect.’ The constitutionality of the provision has been uniformly upheld. Applying the ‘cognizable group’ standards to less-than-one-year residents, we conclude that Hampton’s sixth amendment right to an impartial jury was not impaired. The excluded group is not a static one with definite parameters. There is no common thread, ‘a basic similarity in attitudes or ideas or experience,’ except the lack of familiarity with the community. While circumstances can be imagined in which bias against a defendant member of the excluded group might exist, that possibility is too remote to justify reversal in the absence of a more specific suggestion of prejudice. 4 (footnotes omitted)”

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

3. “"As mentioned previously, Hampton also contends that the superior court erred in permitting the taped confession to go to the jury room. The general rule is that it is within the sound discretion of the trial court whether to allow the jury to take a taped confession with them into the jury room once the confession has been admitted into evidence. Section 5.1 of the ABA Standards Relating to Trial by Jury (Approved Draft 1968) allows confessions to be taken to the jury room in the trial court's discretion. In the context of this litigation we cannot say that the superior court abused its discretion in permitting the taped confession to go to the jury room."”

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