Travis v. Stone’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “However, it is permissible to elicit testimony about juror misconduct that occurred outside the jury room, such as the alleged gathering of extrinsic evidence at issue here. Even where the purpose of testimony regarding the misconduct (whether it occurred inside or outside the jury room) is to impeach the verdict, the party complaining of the testimony must make a timely and proper objection or else the issue is waived,”

   3 later decisions quote this exact passage · from the majority
   e.g. Williams v. Daus · McBride v. Farley

2. “Even where the purpose of testimony regarding the misconduct (whether it occurred inside or outside the jury room) is to impeach the verdict, the party complaining of the testimony must make a timely and proper objection or else the issue is waived. Here the defendants ... failed to make any objection to [the] juror[’s] ... testimony, nor do they now argue on this appeal that it would be improper to consider that testimony, and, in fact, they rely on that testimony to support their contention that there was no evidence of prejudice. Accordingly,- the testimony is properly before this Court.”

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

3. “This is not a case in which a juror just happened to drive by an accident scene, without making specific observations, where the scene was on the juror’s normal route. This is a case in which the juror specifically had in mind the purpose of making observations ... in order to utilize those observations in deciding the case.Despite her assertion that they made no difference, she admitted that they helped her to understand the testimony, which necessarily involved reconciling the testimony of the two competing experts.”

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