Cone 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A declaration made by a defendant in his own favor, unless part of the res gestae or of a confession offered by the prosecution, is not admissible for the defense. A self-serving declaration is excluded because there is nothing to guarantee its testimonial trustworthiness. If such evidence were admissible, the door would be thrown open to obvious abuse: an accused could create evidence for himself by making statements in his favor for subsequent use at his trial to show his innocence.”

   1 later decision quote this exact passage
   e.g. 451 So. 2d 718 - Wilson v. State

2. “A. Well Jim [Cone] came to me one night and he asked if he could talk to me, and I said all right, and he said he thought Chris [Linkenhoker] might have had some form of drugs or narcotics in the room, and I said all right, then I'll talk to him; and in the meantime, it bugged me because it's part of my job to try not to let these things get in there, and I went and spoke with Mr. Oubre about it. 271 So.2d at 455 .”

   1 later decision quote this exact passage
   e.g. 451 So. 2d 718 - Wilson v. State

3. “We do not feel that the statement of Cone to McKay, the proctor of the second floor of Scott Hall, was a self-serving declaration within the usual and real meaning of that term. It was not a statement of Cone about himself or in his own interest.”

   1 later decision quote this exact passage
   e.g. 451 So. 2d 718 - Wilson v. State