43 So. 3d 42 - Cooper v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although the Second District cited DiGuilio , it failed to follow the DiGuilio standard when it relied on what it deemed the “strong evidence of Cooper’s guilt.” Id. As we have explained, the applicable test “is not a sufficiency-of-the-evidence, a correct result, a not clearly wrong, a substantial evidence, a more probable than not, a clear and convincing, or even an overwhelming evidence test.” DiGuilio, 491 So.2d at 1139 . Likewise, it is not a strong evidence test. Rather, the test is “whether there is a reasonable possibility that the error affected the verdict.” Id.; see also Ventura v. State, 29 So.3d 1086, 1091 (Fla.2010) (quashing and remanding a district court’s decision when the harmless error analysis focused on overwhelming evidence of guilt because it “does not address a proper [DiGuilio ] analysis and does not discuss whether there is a reasonable possibility that the ... error affected the verdict”).”

   1 later decision quote this exact passage · from the majority
   e.g. Cooper v. State