207 So. 2d 45 - Galasso v. State’s Empirical Analysis

Citation profile

10 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The ruling in the Miranda decision to the effect that it is impermissible to penalize an individual who while in police custody exercises his privilege against self-incrimination by remaining silent, prohibits the admission of testimony relating to the silence of a defendant during the investigatory stages of a criminal case, even though the defendant later chooses to take the stand at the trial and testify in his own behalf, cf. Jones v. State, Fla.App. 1967, 200 So.2d 574, 576 . To permit the use of such testimony would penalize the defendant for having remained silent at the investigatory stage because evidence of such silence tends to derogate his testimony at trial and also implies guilt."”

   3 later decisions quote this exact passage
   e.g. State v. Galasso · 467 So. 2d 331 - Trope v. State

2. “"The record indicates that on May 24, 1966, Mr. James B. Powers, a narcotics inspector with the Florida State Board of Health, went to an apartment occupied by the defendants in the City of Vero Beach accompanied by a detective from the police department of the City of Vero Beach and Lem Brumley, Jr., an investigator from the Indian River County Sheriff's Department. Upon arrival at the apartment, the officers served on the defendants a warrant for their arrests and a search warrant pursuant to which the officers searched the apartment. During the course of the search, one of the officers came across an envelope containing about four ounces of suspected marijuana and handed the envelope to Mr. Powers. Thereafter, Mr. Powers, the defendants, and the officers went out behind the apartment and examined a garden patch in which cannabis plants, commonly known as marijuana, were found growing. "After the close of the state's case in chief, the defendant Joseph Mancusi took the stand in his own behalf and testified that he though the plants which he had protected and cultivated by watering were oregano, not marijuana. The defendant Galasso did not testify." * * * * * *”

   1 later decision quote this exact passage
   e.g. State v. Galasso

3. “"The state called Mr. Lem Brumley, Jr., as a rebuttal witness. By the following questions and answers, Mr. Brumley related what occurred in the defendants' apartment when the envelope containing the suspected marijuana was found and given to Mr. Powers: `Q. What, if anything, did the Defendant Mancusi say to you concerning this packet sitting on the dresser? `* * * `A. Mr. Powers examined the packet there that had the marijuana in it and he turned around and he made a statement to the effect, he says "Look here, boys," — `[Objection by defendants.] `BY THE COURT: `Q. Were the defendants there at the time? `A. Yes, sir. `THE COURT: The objection is overruled. `A. He said, "Look here, boys, look what I found ; whose is this ?" And Galasso, they were both sitting on the bed there and Galasso said, "Some man. Don't say anything." And that is all that was said. (Emphasis added.) "The defendants promptly moved to strike the answer given by Officer Brumley, and the motion was denied. In our opinion this testimony was inadmissible as to both defendants and should have been stricken." * * * * * *”

   1 later decision quote this exact passage
   e.g. State v. Galasso