People v. DiLuca’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “whole point of notes influencing deliberations is that because they purport to be memorializations of what was actually said they will appear to carry more weight than the unrecorded recollection of jurors who have not taken notes. Even if the notes are accurate, their existence will render more influential those persons on the jury who have produced such memorializations.” “Opposition”, pp. 2-3. (Emphasis in original.) Defendants’ argument in this regard is wholly speculative and unsupported by any authority. Moreover, this court carefully instructs jurors both preliminarily and at the conclusion of trial that "those jurors who do not take notes should rely on their own memory of the evidence and should not be influenced by the fact that another juror has taken notes, since the notes only are for the note taker’s personal use in refreshing his or her memory of the evidence.”

   1 later decision quote this exact passage · from the majority
   e.g. Yeager v. Greene

2. “is within a trial court's province to allow a jury to take notes”, (2) the”

   1 later decision quote this exact passage · from the majority
   e.g. Yeager v. Greene

3. “is properly left to the discretion of the trial court”

   1 later decision quote this exact passage · from the majority
   e.g. Yeager v. Greene