734 So. 2d 985 - Wharton v. State’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. ““The most obvious problem with allowing jurors to question witnesses is the unfamiliarity of jurors with the rules of evidence. ‘Our system is an adversary one which depends upon counsel to put before lay fact finders that which should be admitted in accordance with the rules of evidence and to keep from them that which should not be received in evidence.’ * * * Other potential problems include (1) Counsel may be forced to either make an objection to a question in front of the juror who asks the question, at the risk of offending the juror, or withhold the objection and permit prejudicial testimony to come in without objection; (2) juror objectivity and impartiality may be lessened or lost; (3) if a juror submits a question in open court, the other jurors are informed as to what the questioning juror is thinking, which may begin the deliberation process before the evidence is concluded and before final instructions from the court; (4) if the juror is permitted to question the witness directly, the interaction may create tension or antagonism in the juror; and (5) the procedure may disrupt courtroom decorum. [Citations omitted.]” Id. at 990 . See, also, Cobb, supra; Mascarella, supra; Sexton, supra; Bush, supra, at 515-516.”

   1 later decision quote this exact passage
   e.g. 144 Ohio App. 3d 69 - State v. Gilden

2. “Today we hold that juror interrogation is no longer to be left to the discretion of the trial court, but rather is a practice that is condemned and outright forbidden by this court.”

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

3. “juror notes are permissible, but should not be allowed to be taken by that juror into the jury room during deliberations.”

   1 later decision quote this exact passage
   e.g. 872 So. 2d 713 - Martin v. State