Bryan 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * These terms are also on the technical side and were terms that are not commonly used in every day conversation. The trial court should have defined to the jury what the court considered to constitute ‘culpable negligence’ and we think this was prejudicial error. What constitutes ‘culpable negligence’ is so technical that the Supreme Court of Florida devoted the major portion of one of its opinions [Smith v. State, 65 So.2d 303 (Fla.1953)] in explaining what it means. Also see McCullers v. State, 206 So.2d 30 (Fla.App. 4th, 1968)” (at page 199)”

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

2. “any substantial deviation from use of these instructions [Standard Jury Instructions] will almost always end in error on the part of the trial court.”

   1 later decision quote this exact passage
   e.g. 287 So. 2d 73 - State v. Bryan

3. “commonly used in every day life and conversation”

   1 later decision quote this exact passage
   e.g. 287 So. 2d 73 - State v. Bryan