353 So. 2d 820 - State v. Basiliere’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “expected to conduct an adequate cross-examination as to matters of which he first gained knowledge at the taking of the deposition.”

   9 later decisions quote this exact passage
   e.g. State v. Lopez · State v. Contreras

2. ““We agree with respondent’s observation that depositions are “tools of discovery and preserving evidence”, but we would add further qualifications and observations. A deposition does not become evidence in a case unless and until admitted by ruling of the court at a trial or hearing; that depositions very often contain matters that are not and can never be considered as evidence, since the scope of inquiry on depositions is not limited as in examination of a witness in a judicial proceeding; that persons not even parties to the case are often compelled under process of law to divulge information that is not intended for use as evidence; but merely to elicit or lead to information that might explain other evidence or become admissible as evidence; and the taking of a deposition itself can hardly be categorized as a judicial proceeding: for the simple reason that there is no judge present, and no rulings nor adjudications of any sort are made by any judicial authority. Further, in criminal cases, discovery depositions taken under Rule 3.220(d), Fla. R.Cr. P. may be used only “for the purpose of contradicting or impeaching the testimony of the deponent as a witness”; and deposition testimony may be used as evidence at the trial only if taken to perpetuate testimony under Rule 3.1900) requiring a court order, notice to defendant, and, if defendant is in custody, his presence at the deposition, and a showing that attendance of the witness cannot be procured at the trial. State v. ”

   3 later decisions quote this exact passage
   e.g. State v. Moore · 370 So. 2d 867 - Tallahassee Democrat, Inc. v. Willis

3. “(3) If the deposition is taken on the application of the State, the defendant and his attorney shall be given reasonable notice of the time and place set for the deposition. The officer having custody of the defendant shall be notified of the time and place and shall produce the defendant at the examination and keep him in the presence of the witness during the examination.”

   3 later decisions quote this exact passage
   e.g. 471 So. 2d 6 - Brown v. State · 479 So. 2d 273 - Wilson v. State