Thomas v. Blackburn’s Empirical Analysis

Citation profile

11 federal appellate · 4 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In sum, Burch established that the concurrence of six jurors was constitutionally required to preserve the substance of the jury trial right and assure the reliability of its verdict. It is difficult to envision a constitutional rule that more fundamentally implicates `the fairness of the trial— the very integrity of the fact-finding process.' ... `The basic purpose of a trial is the determination of truth.'... and it is the jury to whom we have entrusted the responsibility for making this determination in serious criminal cases. Any practice that threatens the jury's ability properly to perform that function poses a similar threat to the truth-determining process itself. The rule in Burch was directed toward elimination of just such a practice. Its purpose, therefore, clearly requires retroactive application." (Citations omitted). (Emphasis added). [1]”

   1 later decision quote this exact passage · from the majority
   e.g. 410 So. 2d 1015 - State Ex Rel. Becnel v. Blackburn

2. “"The recognition that Ballew and Burch share the same purpose mandates that Ballew also be applied retroactively, regardless of good faith reliance by the state on the former rule [2] or disruptive effect on the administration of justice." Id. at 385.”

   1 later decision quote this exact passage · from the majority
   e.g. 410 So. 2d 1015 - State Ex Rel. Becnel v. Blackburn