353 So. 2d 911 - Cook v. State’s Empirical Analysis

Citation profile

6 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(b) Severance of defendants. * * * * * * (2) If a defendant moves for a severance of defendants on the ground that an oral or written statement of a co-defendant makes reference to him but is not admissible against him, the court shall determine whether the State will offer evidence of the statement at the trial. If the State intends to offer the statement in evidence, the court shall order the State to submit its evidence of such statement for consideration by the court and counsel for defendants and if the court determines that such statement is not admissible against the moving defendant, it shall require the State to elect one of the following courses: (i) a joint trial at which evidence of the statement will not be admitted; (ii) a joint trial at which evidence of the statement will be admitted after all references to the moving defendant have been deleted, provided the court determines that admission of such evidence with deletions will not prejudice the moving defendant; or (iii) severance of the moving defendant.”

   1 later decision quote this exact passage
   e.g. 353 So. 2d 1274 - Mathews v. State

2. “We see some inconsistency in the reasoning used by the various courts in analyzing Bruton problems. The Supreme Court of Arizona [in Williams, supra ] found a Bruton violation even though the defendant was incriminated only by his codefendant’s statement when viewed in conjunction with the other testimony at their trial. On the other hand, the Second Circuit [in U.S. v. Wingate, 520 F.2d 309 (2d Cir.1975), cert. denied, 423 U.S. 1074 , 96 S.Ct. 858 , 47 L.Ed.2d 84 (1976)] opined that the codefendant’s statement must incriminate the defendant directly, and that it is not a Bruton violation where the codefendant’s statement incriminates the defendant only when considered in light of the testimony of other witnesses.”

   1 later decision quote this exact passage
   e.g. 585 F. Supp. 181 - Rawls v. Patton

3. “if the jury was `highly likely' to determine from a codefendant's statement that the defendant was the nameless individual incriminated by the statement, a Bruton violation has occurred, even if the inference drawn from the codefendant's statement is incriminating only when considered in light of other evidence offered at trial.”

   1 later decision quote this exact passage
   e.g. 574 So. 2d 1129 - Delgado v. State