State v. Brooks’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]t is clear the trial court abused its discretion in refusing to strike this venire-person. Based upon her answers, the better practice would have been to have sustained the challenge for cause. However', review of this point does not stop here. [[Image here]] Here the concern was with the venire-person’s prejudice against Brooks if he did not testify. But in fact Brooks did testify at trial. The Fifth Amendment establishes a defendant’s privilege against self-incrimination, but this privilege may be waived when he becomes a witness in his own behalf. Any abuse of discretion on the trial court’s part not to strike the venire-person was cured when Brooks decided to take the stand. Brooks does not even hint of his making an election to testify because the juror in question actually served on the jury. If such was the case it would have been incumbent upon the defendant to have made a record as to his intention to have not testified but for this juror’s presence on the jury. This point is therefore denied. The judgment is affirmed. (Emphasis in original.)”

   2 later decisions quote this exact passage
   e.g. State v. Williams · State v. Stanley

2. ““In determining the qualifications of a prospective juror, the trial court has very wide discretion, and the court’s ruling will not be disturbed on appeal unless it is clearly against the evidence and constitutes a clear abuse of discretion.” [Citation omitted.] An accused must be afforded a full panel of qualified jurors before he is required to expend his peremptory challenges; denial by a trial court of a legitimate request by an accused to excuse for cause a partial or prejudiced venire-person constitutes reversible error. [Citations omitted.] In determining when a challenge for cause should be sustained, each case must be judged on its facts. [Citation omitted.] “Errors in the exclusion of potential jurors should always be made on the side of caution.” [Citation omitted.]”

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

3. “When a prospective juror ultimately states unequivocally that he can be impartial, and when the entirety of the voir dire makes it reasonable for the court to believe the potential juror, the court’s exercise of discretion on a motion to strike for cause should not be disturbed on appeal. [Citation omitted.] However, this rule has no application where the answers of the prospective juror are equivocal and disclose uncertainty about his ability to be impartial.”

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