50 So. 3d 1131 - State v. McFadden’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “requires disclosure when "the oral statement materially alters a prior written or recorded statement previously provided by the State to the defendant." We explained [in Evam ] that, ordinarily, "unlike failure to name a witness, changed testimony does not rise to the level of a discovery violation and will not support a motion for a Richardson inquiry.” However, when a witness is "transformed from a witness who 'didn't see anything’ into an eyewitness — indeed, apparently the only eyewitness — to the [crime,] ... the State's nondisclosure of the changes ... was tantamount to failing to name a witness at all” and therefore warranted a Richardson hearing.”

   1 later decision quote this exact passage
   e.g. 151 So. 3d 544 - Washington v. State

2. “includes a written statement made by the person and signed or otherwise adopted or approved by the person and also includes any statement of any kind or manner made by the person and written or recorded or summarized in any writing or recording. The term “statement” is specifically intended to include all police and investigative reports of any kind prepared for or in connection with the case, but shall not include the notes from which those reports are compiled[.]”

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

3. “unlike failure to name a witness, changed testimony does not rise to the level of a discovery violation and will not support a motion for a Richardson inquiry.” However, when a witness is”

   1 later decision quote this exact passage
   e.g. 151 So. 3d 544 - Washington v. State