Foster v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]here human liberty is at stake, as in a criminal case, considerable leeway must be given to defense counsel in arguing his case to the jury.”

   2 later decisions quote this exact passage
   e.g. Adams v. State · Kaszuwara v. State

2. “[T]he limitation of the time for argument must of necessity, within reasonable bounds, rest in the discretion of the trial court. This is the general rule. The right may be waived, but, when requested, reasonable time must be allowed. The question to be determined is what is reasonable time, and this depends upon the facts and circumstances of each case. No hard and fast rule can be prescribed. But, if it appear that the time for argument is unreasonably limited, such action will be held an abuse of discretion, requiring a reversal of the judgment for new trial.”

   1 later decision quote this exact passage
   e.g. 471 So. 2d 132 - Woodham v. Roy

3. “There can be no doubt that closing argument for the defense is a basic element of the adversary factfinding process in a criminal trial. Accordingly, it has universally been held that counsel for the defense has a right to make a closing summation to the jury, no matter how strong the case for the prosecution may appear to the presiding judge.”

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