Cox v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the case at bar, the superior court’s response, transmitted through the bailiff, related directly to the issue of whether the jury’s playback request would be honored. Since no electronic recording was made of the trial court’s communication to the jury, through the bailiff, we have no way of ascertaining precisely what was communicated to the jury by the bailiff. Thus, the possibility cannot lightly be dismissed that the superior court’s response may have implied — even unintentionally — to the jury that they need not listen to the playback of the witnesses’ testimony. Based upon the affidavits to which we have previously alluded, the trial court’s response to the jury’s request was equivocal — even when viewed in its most favorable light. Further, the recorded evidence which the jury sought to have played — testimony of two alibi witnesses — was crucial to Cox’s defense; of particular importance was their testimony as to the times involved. In the words of appellant, ‘No other testimony presented by [him] during the trial was a[s] crucial to his defense. If believed, the jury must have acquitted. No person can be at two places at the same time.’ Had Cox and his attorney been made aware of the request, the superior court might have determined that the playback was more important than the jurors’ dinner plans. It is even more likely that counsel or Cox could have had sufficient input to persuade the superior court to allow the playback without renewed request. At the very ”

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

2. “There is no uniform rule in the courts on the question of whether testimony may be read to or reheard by the jury. Some jurisdictions disapprove of such a practice, others permit it by statute, while others, and probably the majority, leave the matter to the sound discretion of the trial court. We are of the view that absent circumstances requiring denial of a jury request to rehear trial testimony, the determination of which should be left to the discretion of the trial judge, justice is more likely to be promoted than obstructed if the jury, at its request, is allowed to rehear the electronic recording of specific testimony given at the trial.”

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