414 So. 2d 993 - Ex Parte Allen’s Empirical Analysis

Citation profile

125 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 126 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “No party may assign as error the court's giving or failing to give a written instruction, or the giving of an erroneous, misleading, incomplete, or otherwise improper oral charge, unless he objects thereto before the jury retires to consider its verdict, stating the matter to which he objects and the grounds of his objection.”

   15 later decisions quote this exact passage · from the majority
   e.g. Garrison v. State · Gross v. State

2. “"The proper procedure for preserving the right to assert error on appeal is for the affected party to object and state his grounds. . . . "The primary reason for requiring an exception after the trial court's oral charge and before the jury retires is that such requirement might expedite a satisfactory conclusion of the case. Possible errors by the trial court such as inadvertent omissions in its oral charge or refusals of written charges which deal with crucial issues should be brought to the attention of the trial court so that it might cure such errors at that level." [Emphasis added]”

   4 later decisions quote this exact passage · from the majority
   e.g. 452 So. 2d 1372 - Peterson v. State · 539 So. 2d 436 - Connolly v. State

3. “"Under this rule the ordinary procedure should be that the jury will not take with it a copy of the charges against the defendant; nevertheless, the rule recognizes that in a complex case having a copy may help the jury to understand and determine the issues. The rule, therefore, allows the judge the discretion to give the jury a copy of the charges when he feels it would be helpful to do so."”

   2 later decisions quote this exact passage · from the majority
   e.g. 473 So. 2d 1205 - Thompson v. State · 447 So. 2d 860 - Connor v. State