382 So. 2d 395 - Brey v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “has in effect held that the harmless error rule cannot be applied to Richardson errors and that such errors are reversible as a matter of law.”

   2 later decisions quote this exact passage
   e.g. 588 So. 2d 327 - DR v. State · 477 So. 2d 572 - Hall v. State

2. “No appellate court can be certain that errors of this type are harmless.”

   2 later decisions quote this exact passage
   e.g. 588 So. 2d 327 - DR v. State · 477 So. 2d 572 - Hall v. State

3. “In our view the state should be required to demonstrate to the trial court, considering the factors outlined above, that the evidence ean be admitted without substantial adverse effects on the rights of the defendant. In some cases, for instance, where the trial court finds the violation inadvertent and trivial it may be easy to demonstrate a lack of prejudice. In other cases, where the violation is willful and substantial, a contrary result will probably be indicated. The facts will control the results, but a fair result cannot be reached if there is no inquiry into the circumstances of the violation.”

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