Bell v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Hearsay “is a statement, other than one made by the declarant while testifying at a trial or hearing, offered in evidence to prove the truth of the matter asserted. See § 90,801(1)(c), Fla. Stat. (2014) (emphasis added). “A ‘declarant’ is a person who makes a statement.” See § 90.801(1)(b), Fla. Stat. (2014). In Dawson, 1 the officer (the “declarant”) was testifying at hearing, subject to cross-examination, to what she personally did and observed. This is classic non-hearsay- testimony. And, clearly, the drug test is not a “declarant” capable of uttering hearsay. See id. (“A ‘declar-ant’ is a person_” (emphasis added)). So, if there is a problem with the testimony, it is not — as the Dawson panel stated, citing Bray — that the testimony is hearsay.”

   1 later decision quote this exact passage
   e.g. 179 So. 3d 526 - Trina Turner v. State of Florida