474 So. 2d 1189 - State v. Clausell’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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “no inherent right to disqualification when a member of the State Attorney's Office is called as a witness in a case prosecuted by an Assistant State Attorney in the same office”

   3 later decisions quote this exact passage
   e.g. Fernandez v. State · 954 So. 2d 1218 - State v. Fields

2. “We reject the contention that allowing an assistant state attorney to testify in a case prosecuted by a member of the same office gives undue weight and credibility to the testimony of the assistant state attorney. In our opinion, any enhancement of the state attorney's credibility results from his position as a prosecutor and the jury's view of that credibility would not be changed if the case were prosecuted by a state attorney from another circuit. We realize that if actual prejudice can be shown, a motion for disqualification should be granted.”

   1 later decision quote this exact passage
   e.g. 954 So. 2d 1218 - State v. Fields

3. “the defendant must point to some prejudice to him which results from the office's participation in the prosecution.”

   1 later decision quote this exact passage
   e.g. 783 So. 2d 980 - Rogers v. State