Gardner v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘ * * * ask Mr. Achor to explain these three stories that this defendant gave on various occasions. See if he can explain these three stories that he told other people. And I am interested in hearing the explanation of these three — I will call them — let’s be candid, these wild stories. * * * ’ “Subsequently in his final closing argument the assistant state attorney said: “ ‘ * * * and then, his story, three different stories. I asked Mr. Achor, and I wrote it down here. I said “now gentlemen, I want you to listen very carefully to Mr. Achor and see if he can explain away, or if he can explain to you these three different fairy tales that this defendant told the police and different people at different times.” I asked him. He has yet to do it. * * * ’ « * ‡ * “The State rtrges first that to hold the comments quoted to be reversible error would be to abridge the right of the prosecuting attorney to characterize and comment upon the evidence before the jury. See Smith v. State, Fla. 1956, 90 So.2d 304 . It must be recognized that the interest of justice requires that the State be allowed to comment on the evidence; yet it is clear that the comment must not exceed the restrictions set forth in § 918.09, Fla.Stat., F.S.A. The courts of this State have jealously defended the privilege of one’s constitutional right not to be forced to testify against himself. It should be pointed out that while comment may he made upon the evidence, it must be made in such a way that it does not”

   2 later decisions quote this exact passage
   e.g. Kolsky v. State · 227 So. 2d 728 - Mitchell v. State