Marshall v. Brown’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . a new trial is mandated in this case because of the failure of a venireman to disclose on voir dire that she had made a claim for damages suffered in a previous automobile accident. Intentional concealment of information on voir dire may be grounds for the granting of a new trial, since bias and prejudice of the venireman may be inferred from such concealment. Unintentional failure to disclose information does not necessarily give rise to such an inference. Determination of whether concealment was intentional or not is left to the discretion of the trial court, its ruling to be reversed only upon a clear showing of abuse of that discretion. In that connection, however, it should be noted that appellate courts are more liberal in upholding a trial court’s granting of a motion for a new trial than in upholding a trial court’s denial of such a motion...””

   2 later decisions quote this exact passage
   e.g. Pemberton v. Tip Top Plumbing & Heating Co. · Anderson v. Burlington Northern Railroad

2. ““During his interrogation, plaintiff’s counsel asked Mrs. Nickel individually: ‘Did you ask for a settlement from [the insurer]?’ Mrs. Nickel later explained her negative response to this question by stating that her own insurance company had paid her bills. We find this explanation inadequate. Her statement may explain why she did not litigate her unsuccessful claim, but in no way explains why she gave an inaccurate answer during voir dire denying that she had made a claim. We think it reasonable to infer from Mrs. Nickel’s attempted explanation a belief on her part that, since she received full compensation from her own insurance company, she was not a disgruntled, unsuccessful claimant likely to be biased. A venireman, however, is not the proper judge of his or her qualifications to sit as a juror.” Marshall v. Brown, supra at 109, 111 (citations omitted)”

   2 later decisions quote this exact passage
   e.g. Pemberton v. Tip Top Plumbing & Heating Co. · Schiles Ex Rel. Schiles v. Schaefer

3. ““We find the trial court’s ruling that the concealment was unintentional in this case to be unsupported by the record of the voir dire proceedings and the juror’s testimony at the hearing on defendant’s motion for new trial.””

   1 later decision quote this exact passage
   e.g. Anderson v. Burlington Northern Railroad