Cook v. Latimer’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The doctrine of ‘curative admissibility’ is well recognized (See McElroy, Ala. Evid., Vol. 1, § 14.01 and cases noted therein). The line marking the limits of admissibility is somewhat adumbrant. Where no prejudice has occurred, the rule of course should not apply. The illegal rebuttal evidence may be admitted only to the extent that it cures the effect of the admission of the first illegal evidence. Where the first illegal evidence is highly prejudicial, the opponent should be allowed to reply as a matter of right to erase from the minds of the jurors the first illegal evidence.””

   2 later decisions quote this exact passage
   e.g. Kennard v. State · 375 So. 2d 536 - Hall v. State

2. “‘“An exception to the general rule requiring appropriate objection or motion invoking corrective instruction or action by the trial court is where the remark or argument of counsel is so grossly improper and highly prejudicial to the opposing party as that neither retraction nor rebuke by the trial court would have destroyed its sinister influence....”’”

   1 later decision quote this exact passage
   e.g. 653 So. 2d 978 - McBride v. Acceptance Insurance Co.

3. “substantially unconnected with the [previously admitted] illegal evidence.”

   1 later decision quote this exact passage
   e.g. 815 So. 2d 502 - Hathcock v. Wood