28 So. 3d 554 - State v. Wiltz’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The following are not excluded by the hearsay rule, even though the declarant is available as a witness: * * * (3) Then existing mental, emotional, or physical condition. A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), offered to prove the declarant's then existing condition or his future action.”

   2 later decisions quote this exact passage
   e.g. State v. Daniels · 96 So. 3d 678 - State v. Smith

2. “Considering the totality of the facts and circumstances in the instant case, and according credit to the good sense and fairmindedness of the jury, it cannot be said that one would be thoroughly convinced that the rebuttal argument complained of improperly influenced the jury and contributed to the verdict. Thus, it cannot be said that the trial court abused its discretion in denying defendant’s motion for mistrial, implicitly determining that the comments by the prosecutor were not so prejudicial as to deprive defendant of his right to a fair trial.”

   1 later decision quote this exact passage
   e.g. 133 So. 3d 258 - State v. Webb

3. “the value of the statement as evidence does not depend on the credibility of the out-of-court asserter and the statement falls outside of the scope of the hearsay exclusionary rule.”

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