492 So. 2d 1063 - Smith v. State’s Empirical Analysis

Citation profile

1 federal appellate · 12 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The test is not a sufficiency-of-the-evidence, a correct result, a not clearly wrong, a substantial evidence, a more probable than not, a clear and convincing, or even an overwhelming evidence test. Harmless error is not a device for the appellate court to substitute itself for the trier-of-fact by simply weighing the evidence. The focus is on the effect of the error on the trier-of-fact. The question is whether there is a reasonable possibility that the error affected the verdict. The burden to show the error was harmless must remain on the state. If the appellate court cannot say beyond a reasonable doubt that the error did not affect the verdict, then the error is by definition harmful.”

   1 later decision quote this exact passage · from the dissent
   e.g. 900 So. 2d 495 - Fitzpatrick v. State

2. “We do not establish a maximum age below which the instruction must always be given.”

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

3. “a comment on the exercise of the right to remain silent”

   1 later decision quote this exact passage
   e.g. 900 So. 2d 495 - Fitzpatrick v. State