632 So. 2d 1080 - Brutton v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “By the common-law procedure, then, the verdict of the jury was orally pronounced in open court, then recorded by the clerk, and affirmed by the jury, which was done by that officer saying to them to hearken to them verdict as recorded by the court, and repeating to them what had been taken down for record. At any time before the verdict was recorded the prisoner had the right to have the jury polled, in order to ascertain whether or not the verdict as given was unanimous, and, in the absence of a polling, any member of the jury had the right, sua sponte, to recede from the verdict as agreed on at any time before it was recorded. As the jury had the right to depart from any finding before it was recorded and affirmed by them, the only complete ver- diet in a case was that recorded by the court.”

   1 later decision quote this exact passage
   e.g. 3 So. 3d 1135 - Simpson v. State

2. “When the jurors have agreed upon a verdict they shall be conducted into the courtroom by the officer having them in charge. The court shall ask the foreperson if an agreement has been reached on a verdict. If the foreperson answers in the affirmative, the judge shall call on the foreperson to deliver the verdict in writing to the clerk. The court may then examine the verdict and correct it as to matters of form with the unanimous consent of the jurors. The clerk shall then read the verdict to the jurors and, unless disagreement is expressed by one or more of them or the jury is polled, the verdict shall be entered of record, and the jurors discharged from the cause. No verdict may be rendered unless all of the trial jurors concur in it.”

   1 later decision quote this exact passage
   e.g. 3 So. 3d 1135 - Simpson v. State

3. “The unavoidable conclusion is that the court’s questioning had a potentially coercive effect on the lone, dissenting juror who had already broken down in tears. We cannot rule out the possibility that the juror felt pressured into reaffirming the guilty verdict with which she did not agree. Even so, her last affirmation remained equivocal. At that point, a mistrial should have been declared. Therefore, we reverse and remand for a new trial.”

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