214 So. 2d 753 - Farnell v. State’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"... the usual rule that upon the trial of an indictment for a substantive offense, evidence is admissible to prove a conspiracy to commit the substantive crime charged in the indictment (although no conspiracy is charged in such indictment) on the theory that the principal crime charged may itself be established by first proving the formation and execution of a pre-existing conspiracy out of which its accomplishment was realized in the completion of the substantive offense."”

   2 later decisions quote this exact passage
   e.g. 257 So. 2d 889 - Honchell v. State · 421 So. 2d 725 - Saavedra v. State

2. “In order to prevent the jury's being prejudiced by inadmissible hearsay, James establishes two procedural safeguards. Ideally, before trial the prosecutor should make a showing of substantial independent evidence that the statement is admissible. Then at the conclusion of evidence, considering both the prosecution's evidence and the defense's evidence, the trial court must find that the preponderance of the independent evidence shows the statement is admissible. The district court should, whenever reasonably practicable, require the showing of a conspiracy and of the connection of the defendant with it before admitting declarations of a coconspirator. If it determines it is not reasonably practical to require the showing to be made before admitting the evidence, the court may admit the statement subject to being connected up. ..... Regardless of whether the proof has been made in the preferred order, or the coconspirator's statement has been admitted subject to later connection, on appropriate motion at the conclusion of all the evidence the court must determine as a factual matter whether the prosecution has shown by a preponderance of the evidence independent of the statement itself (1) that a conspiracy existed, (2) that the coconspirator and the defendant against whom the coconspirator's statement is offered were members of the conspiracy, and (3) that the statement was made during the course and in furtherance of the conspiracy... . If the court concludes that the prosec”

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

3. “"From the record, the evidence here was apparently admitted on the theory that `it demonstrated a plan or pattern followed by the accused'. But reaching back to 1956 and 1957 to show a scheme or pattern for violating the law was prejudicially unnecessary, the same as if beating on a lame horse."”

   1 later decision quote this exact passage
   e.g. 302 So. 2d 751 - McGough v. State