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← 254 So. 2d 38 - State v. Bernard

254 So. 2d 38 - State v. Bernard’s Empirical Analysis

1971

Citation profile

8
cited by 8 later decisions
2
states following
January 1985
most recently cited

8 state decisions

Relationships

Relies on Benton v. Maryland · Brock v. State of North Carolina · Bassing v. Cady · Clawans v. Rives · Commonwealth Ex Rel. Hendrickson v. Myers

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

  1. “"It appears that on May 6, 1969, the defendant, Richard Bernard was charged with unlawful sale of heroin and the unlawful possession of heroin. He entered a plea of not guilty and waived trial by jury. On May 14, 1970, the case appeared on the trial calendar ready for trial. All the witnesses were sworn and the witness rule was invoked. Thereupon the trial judge indicated he was ready to proceed to take testimony and resolve the issues in the non-jury trial. After the witnesses were sworn the court granted the defendant's motion to exclude the testimony on the ground that the state had not complied with the discovery provisions of the Florida Rules of Criminal Procedure. The state then announced a nolle prosequi over defendant's objection. Thereafter the court upon motion of the defense found the defendant not guilty. "On May 20, the state filed a second information charging the defendant with the same offenses. "The defendant moved to dismiss the latter information on the ground of former jeopardy. The trial judge granted defendant's motion and dismissed the cause." (p. 39)”
    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.