Joyner v. State’s Empirical Analysis

Citation profile

22 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “acknowledged to the trial court that it was his responsibility to advise his witnesses not to talk about the case and to explain the separation order. .... Contrary to his contention in this appeal, [the defendant] was at least partially at fault for [the witness] violating the order.”

   2 later decisions quote this exact passage
   e.g. Jiosa v. State · 628 F. Supp. 2d 902 - Stanley v. MSD OF SW ALLEN COUNTY SCHOOLS

2. “'a person in custody must be informed of the right to consult with counsel about the possibility of consenting to a search before a valid consent can be given.'”

   2 later decisions quote this exact passage
   e.g. Monica Dycus v. State of Indiana · Datzek v. State

3. “Upon a suggestion of improper and prejudicial publicity, the trial court should make a determination as to the likelihood of resulting prejudice, both upon the basis of the content of the publication and the likelihood of its having come to the attention of any juror. If the risk of prejudice appears substantial, as opposed to imaginary or remote only, the court should interrogate the jury collectively to determine who, if any, has been exposed. If there has been no exposure, the court should instruct upon the hazards of such exposure and the necessity for avoiding exposure to out-of-court comment concerning the case. If any of the jurors have been exposed, he must be individually interrogated by the court outside the presence of the other jurors, to determine the degree of exposure and the likely effect thereof. After each juror is so interrogated, he should be individually admonished. After all exposed jurors have been interrogated and admonished, the jury should be assembled and collectively admonished, as in the case of a finding of 'no exposure' If the imperiled party deems such action insufficient to remove the peril, he should move for a mistrial. Obviously, if at any stage the court believes the peril to be substantial and uncurable, it should declare a mistrial sua sponte. At all stages, the trial court must have discretion to make the determination, within the context of the particular circumstances; and a denial of a motion to interrogate the jury will be reversibl”

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