Lackey v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “While we do not renege on our conclusion that the Sixth Amendment does not require the confrontation with every witness every time a criminal defendant is retried, we find this witness’ testimony to have been so significant as to require that the jury in whose hands the fate of the appellant rested be allowed to observe the confrontation so as to see the witness’ demeanor and make its determination with respect to the matters addressed to him.”

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

2. “Where the prior testimony of the witness is as extensive and significant as that of the doctor in this case, the reading of it to the jury, where the state's showing of the unavailability of the witness is insufficient, is prejudicial”

   1 later decision quote this exact passage
   e.g. 597 So. 2d 737 - Pettway v. State