498 So. 2d 472 - Warren v. State’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “After reading Standard Jury Instruction (Criminal) 3.09, the trial judge added some additional comments which made it clear that she did not wish to try this case again, that it would cost a great deal of money to retry the case, and that she sincerely hoped that the jury could return a verdict if at all possible. Subsequently, after the jury sent back two notes stating that the jurors were hopelessly deadlocked, the trial court declined to accept this result, and eventually sent the jury home for an overnight recess after nearly eight hours of deliberation.(FN2) Prior thereto, during a colloquy with the jury in open court, the forewoman of the jury stated that “I really don’t think we are able to come close,” and the trial judge replied, “Try,” indicating that the judge wanted a verdict. When the jury returned the next morning, the trial judge again made it plain that she wanted a verdict in the cause, stating “I ... hope that it will be a productive day. Try to resolve your differences, if you possibly can. Okay. Go get 'em.” [ (FN2.) ] The defendant urges that the overnight recess constitutes a reversible error in this case. See Livingston v. State, 458 So.2d 235 (Fla.1984). In view of the result we reach, it is unnecessary for us to address this issue. Based on the totality of the circumstances present here, we believe the trial court’s deviations from the standard jury charge on a deadlocked jury went to the very foundations of this case such as to constitute a fundament”

   5 later decisions quote this exact passage · from the dissent
   e.g. Nottage v. State · 691 So. 2d 1185 - Scoggins v. State

2. “[I]f you simply cannot reach a verdict, then return to the courtroom and I will declare that the case has been mistried, and I will discharge you with my sincere appreciation for your services.”

   4 later decisions quote this exact passage
   e.g. 748 So. 2d 970 - Thomas v. State · 186 So. 3d 577 - Campbell v. State

3. “[T]he trial court may have led one or more jurors to capitulate, against his or her conscientious judgment, because the court made it appear that unless a verdict was reached great waste would occur.”

   2 later decisions quote this exact passage · from the dissent
   e.g. 681 So. 2d 767 - Palmer v. State · 632 So. 2d 1080 - Brutton v. State