367 So. 2d 714 - Sharp v. Lewis’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]here are ... at least two sub-categories of error arising under the cumulative error heading . .. which may be referred to as: (a) "shot gun" cumulative, reversible error and (b) "machine gun" cumulative, reversible error. The first of these, "shot gun" error, is simply a series of errors that may be of various types or concern various aspects of the trial, but which (for the most part) take place within a short period of time and which, like the simultaneously-fired pellets from a shot gun, cause their damage not necessarily from the effect of any one pellet but from the combined effect of all the pellets over one specific area of the target... . The second sub-category, "machine gun" error, is simply a series of errors that may well have taken place over a long period of time but which, when viewed from afar, vis-a-vis one another, provide a picture or design, much like the perforated design of the bullets of a machine gun on its target... . In this regard, reversible error may arise where the objectionable comments, though dispersed throughout a long trial, are so strategically placed that their cumulative effect upon the jury can be seen from a reading of the entire record. [citations omitted] [footnotes omitted]”

   2 later decisions quote this exact passage · from the majority
   e.g. 466 So. 2d 1167 - Del Monte Banana Co. v. Chacon · 438 So. 2d 25 - Green v. Ed Ricke and Sons, Inc.

2. “error, is simply a series of errors that may be of various types or concern various aspects of the trial, but which (for the most part) take place within a short period of time and which, like the simultaneously-fired pellets from a shot gun, cause their damage not necessarily from the effect of any one pellet but from the combined effect of all the pellets over one specific area of the target... . The second sub-category,”

   1 later decision quote this exact passage · from the majority
   e.g. 466 So. 2d 1167 - Del Monte Banana Co. v. Chacon

3. “so strategically placed that their cumulative effect upon the jury can be seen from a reading of the entire record”

   1 later decision quote this exact passage · from the majority
   e.g. 466 So. 2d 1167 - Del Monte Banana Co. v. Chacon