450 So. 2d 805 - Tolbert v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"If the conduct of the party or parties to a writing shows that it was intended that each of two or more duplicates or copies of the writing should be the equal of each other, then each of such duplicates is an original. This arises from the fact that the best evidence defines 'original' to include 'the writing itself or any counterpart intended to have the same effect by a person *Page 247 executing or issuing it.' Consequently, any such duplicate may be introduced without satisfying the best evidence rule in the sense of producing or accounting for the unavailability of the original. This is true even though one of the duplicate originals is a top-sheet handwritten or typewritten duplicate and the others are carbon copy duplicates made by the same act of handwriting of typewriting. The key to whether an offered item constitutes a duplicate original is the intent of the executing or issuing party. . . ."”

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