Devoney v. State’s Empirical Analysis

Citation profile

1 federal appellate · 38 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[ Affidavits of jurors may be received for the purpose of avoiding a verdict, to show any matter occurring during the trial or in the jury room, which does not essentially inhere in the verdict itself, as that a juror was improperly approached by a party, his agent, or attorney; that witnesses or others conversed as to the facts or merits of the cause, out of court and in the presence of jurors; that the verdict was determined by aggregation and average or by lot, or game of chance or other artifice or improper manner; but that such affidavit to avoid the verdict may not be received to show any matter which does essentially inhere in the verdict itself, as that the juror did not assent to the verdict; that he misunderstood the instructions of the Court; the statements of the witnesses or the pleadings in the case; that he was unduly influenced by the statements or otherwise of his fellow-jurors, or mistaken in his calculations or judgment, or other matter resting alone in the juror’s breast.”

   6 later decisions quote this exact passage · from the majority
   e.g. Woodruff v. State · Aragon v. State

2. “Any inquiry into juror misconduct must be limited to objective demonstration of overt acts committed by or in the presence of the jury or jurors which reasonably could have affected the verdict. Powell [v. Allstate Ins. Co.], 652 So.2d [354,] 356 [ (Fla.1995) ]; [Baptist Hospital of Miami, Inc. v.]; Maler, 579 So.2d [97,] 101 [ (Fla.1991) ]; State v. Hamilton, 574 So.2d 124, 128-29 (Fla.1991).”

   2 later decisions quote this exact passage · from the dissent
   e.g. National Railroad Passenger Corp. v. De Armas · 70 So. 3d 485 - TAI A. PHAM v. State

3. “Imperfect as it may be, in a free country such as ours, the jury system continues to be the finest method ever devised for the resolution of disputes. To permit jury verdicts to be impugned in the manner advocated [in this case] would sow the seeds for the destruction of that system.”

   2 later decisions quote this exact passage · from the majority
   e.g. 854 So. 2d 1235 - Marshall v. State · 18 So. 3d 700 - Cooper Tire & Rubber Co. v. Pierre