Peek v. Kemp’s Empirical Analysis

Citation profile

3 federal appellate · 2 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a]n alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict.”

   2 later decisions quote this exact passage · from the majority
   e.g. People v. Burnette · 123 Md. App. 558 - Hayes v. State

2. “THE COURT: All right. Let the record show that the Foreman has come out and indicated that Mr. Chester Geesling [sic], he feels, is definitely extremely nervous and almost at the breaking point and that they have been trying to do what they could to placate him and keep something from happening and that Mr. Geesling [sic] has requested that he would like to be excused and Mr. Briley, I believe, you said that you will stipulate— MR. BRILEY: The State will stipulate that he may be excused. MR. ASHLEY: Under the circumstances, the Defense will stipulate that he may be excused. THE COURT: All right, sir. MR. BRILEY: Let’s substitute the first alternate, is that— THE COURT: Well, I think we ought to have the Foreman to advise the, after Mr. Geesling [sic] leaves, to advise the panel that we are not going to just, you know, start excusing at random, because, but I think they are all aware as I understand it from what you say of the situation— MR. FOREMAN: Everybody else is just fine, but I mean, it is just that that fellow. THE COURT: Yes, sir. Okay. Well, we’ll then, let him go. Let him come on out then. MR. FOREMAN: You just want me to tell him he can leave? THE COURT: Yes, sir. MR. FOREMAN: Because he doesn’t want to make a big to do about it. THE COURT: Right. Well, I haven’t got a backdoor [sic] for him to go out. Mr. Weinstein? MR. WEINSTEIN: Yes, sir. MR. FOREMAN: Can I just tell him the gist of what we’ve been talking about? THE COURT: All right. We have just excused a Juro”

   1 later decision quote this exact passage · from the majority
   e.g. Peek v. Kemp

3. “... I thought he [Greeson] was sick and ought to be excused and he agreed and everybody else in there agreed, it would be all right if he left. Yeah, I asked him, you know, how he was feeling. I can remember doing that. I mean, the man kept going to the bathroom and he was turning a dark shade of red and sweat — I mean, his shirt was saturated with sweat. I mean, the man looked sick to me. And I imagine anybody that saw him at that time, you know. I mean, the man just gave me the Opinion that he was sick. He indicated before I came out to the Judge that he was sick and that if there was anyway [sic], he would like to go home and that he was just ill.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Peek v. Kemp