State v. Babb’s Empirical Analysis

Citation profile

29 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The rule is perfectly settled, that jurors speak through their verdict, and they cannot be allowed to violate the secrets of the jury room, and tell of any partiality or misconduct that transpired there, nor speak of the motives which induced or operated to produce the verdict.””

   4 later decisions quote this exact passage
   e.g. State v. Johnson · Strong v. State

2. “... where a motion for a new trial is made on account of communications to the jury during their deliberations, there is a rebut-table legal presumption that they were prejudicial to the moving party, that this presumption may in some cases be overcome by evidence, and that where competent evidence is offered it is the duty of the trial court to hear and consider it, and that when it does so, and decides a motion thereon, its decision is discretionary, and is reviewable ... [on appeal] for abuse of discretion only.”

   2 later decisions quote this exact passage
   e.g. State v. Kelly · State v. Viviano