Clark v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An invariably followed rule, supported not only by precedent, but the soundest reason, grounded on universal knowledge of human nature, is the rule that after the discharge of a jury in a felony case and the separation of the jurors to such a degree that outside contacts may have been even momentarily had, the members of that jury may not be reconvened for the taking of any action whatever involving the fate of the accused.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Green · State v. Nash

2. “It is urged on the petition to this court that “it was a very short time” only, after the discharge of the jury, and that “all of the jurors had not left the Court building” when “counsel informed the Court as to this error of the foreman in reporting an erroneous finding of the jury.” Neither exactly how long a time, nor how many had left the building, appears, but flexibility in time of separation is incompatible with the enforcement of this rule.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Green