466 So. 2d 75 - Gerlach v. State’s Empirical Analysis

Citation profile

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

1. “Given the fact that there is testimony on both sides of the issue—a jury's verdict on the insanity issue is essentially conclusive and unreviewable.”

   3 later decisions quote this exact passage
   e.g. Hunter v. State · Taylor v. State

2. “It would appear that, if Gerlach had objected at trial to Carvin's remaining upon the jury on the grounds that the information in the telephone call would adversely prejudice Carvin's deliberations concerning Gerlach's guilt, then Carvin should have been taken off the jury and an alternate juror seated. In this context we note that the trial judge interrogated Juror Carvin extensively, and it appears without serious doubt that the juror understood her obligation to disregard the telephone call and to decide the case solely on the evidence presented in open court. Because the record fails to reflect a timely and adequate objection on the part of defense counsel, we deny the assignment of error.”

   1 later decision quote this exact passage
   e.g. 490 So. 2d 839 - Norris v. State

3. “[t]he general rule recognized by this Court ... is, that if the verdict was rendered under circumstances in which its purity might have been affected, it must be set aside; if it could not have been affected, it will be sustained.”

   1 later decision quote this exact passage
   e.g. 778 So. 2d 144 - Boyles v. State