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← 114 SO2D 348 - Ailer v. State

Ailer v. State’s Empirical Analysis

1959

Citation profile

16
cited by 16 later decisions
1
states following
January 1989
most recently cited

16 state decisions

How this case has been cited

Cited by 16 later decisions — most recently January 1989

16 state decisions

601959196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Akin v. State · 112 So. 2d 380 - In re Florida Appellate Rules · Simmons v. State · Carlile v. State · Deas v. State

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

  1. “of such character that neither rebuke nor retraction ... [would] entirely destroy their sinister influence... .”
    3 later decisions quote this exact passage
  2. “"The state asserts that the remark by the prosecuting attorney during closing argument, since it does not affirmatively appear in the record, cannot be considered and that its appearance in a motion for new trial does not suffice. We agree that where allegedly improper argument of a prosecuting attorney to a jury does not appear in the record, a motion for new trial averring the alleged improper remark is not self-proving and cannot activate such remark as a basis for error on appeal."”
    1 later decision quote this exact passage
  3. “When statements or intimations are made by a prosecuting attorney in his argument to a jury that an accused has committed other crimes than that for which he is on trial, this constitutes error unless there is evidence in the record from which the jury could infer the commission of another crime by the accused. Simmons v. State, 1939, 139 Fla. 645 , 190 So. 756, 758 .”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.