Cook v. State’s Empirical Analysis

Citation profile

1 federal appellate · 18 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(1) Was there any evidence presented at trial upon which a conviction of a lesser included offense could have been based? "(2) If not, has the defendant suggested any plausible claim which he might conceivably have made, had there been no preclusion clause, that is not contradicted by his own testimony at trial?"”

   8 later decisions quote this exact passage
   e.g. Ex Parte Baldwin · 456 So. 2d 1122 - Bryars v. State

2. “"[W]hen a defendant takes the witness stand and testifies that, because he was in a distant location when the crime took place, he could not possibly have committed it, he has directly contradicted any evidence which he might later produce to show that he was guilty of a lesser included offense."”

   7 later decisions quote this exact passage
   e.g. Coon v. State · Ex Parte Curry

3. “no plausible claim which he might conceivably have made, had there been no preclusion clause, that is not contradicted by his own testimony at trial,”

   2 later decisions quote this exact passage
   e.g. 475 So. 2d 616 - Bracewell v. State · 494 So. 2d 745 - Ex Parte Wright