481 So. 2d 15 - Deel v. State’s Empirical Analysis

Citation profile

7 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Specific instances of prior consensual sexual activity between the victim and any person other than the offender shall not be admitted into evidence in a prosecution under s. 794.011. However, such evidence may be admitted if it is first established to the court in a proceeding in camera that such evidence may prove that the defendant was not the source of the semen, pregnancy, injury, or disease; or, when consent by the victim is at issue, such evidence may be admitted if it is first established to the court in a proceeding in camera that such evidence tends to establish a pattern of conduct or behavior on the part of the victim which is so similar to the conduct or behavior in the case that it is relevant to the issue of consent.”

   1 later decision quote this exact passage
   e.g. 489 So. 2d 36 - Baeza v. State

2. “The testimony of the pediatrician served to corroborate other testimony of [defendant's] complicity. In view of the young age of the victim and without the evidence of prior acts, the jury would probably conclude that the physical changes in the child resulted solely from the alleged encounter with [defendant]. The state could have elected not to question the pediatrician about the child's abnormal genitalia but, having done so, [defendant] was entitled to rebut this evidence by showing that there could have been another cause. (footnote omitted)”

   1 later decision quote this exact passage
   e.g. 537 So. 2d 1138 - Skipper v. State