526 So. 2d 106 - Anderson v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “THE COURT: Have your client step up to the microphone. MS. ALLEN: I believe Mr. Johnson and I have resolved the matter and the State will be proceeding on the second-degree burglary. That is my understanding. MR. JOHNSON: That's correct, Your Honor. THE COURT: Raise your right hand, please, sir. WHEREUPON: JACKIE ANDERSON having been called as a witness on his own behalf, and after being first duly sworn by the Court, was examined and testified under the oath as follows: THE COURT: Lower your hand. State your name. THE DEFENDANT: Jackie Lee Anderson. THE COURT: Lower your hand, Mr. Anderson. Because the State filed at the last minute an Amended Information, you are legally entitled to a continuance, a delay in this matter. Has your lawyer explained that to you and do you understand the choice is yours? You have to answer me. THE DEFENDANT: Yes, sir. THE COURT: Is it your choice and your desire to proceed to trial, is that correct? THE DEFENDANT: Yes, sir. THE COURT: Now, they filed an Amended Information which changes the original Information for the State to proceed on and you to proceed to defend on the original Information, which required a waiver of an important legal right on your part. You have the right to require the State to refile the original charge and to proceed on that. In other words, to in effect nol-pros the amended charge and refile the original charge. You could raise that as a defense or attack it on appeal if you were to be convicted on the original charg”

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

2. “[W]hether invited error can overcome the fact that technically the information has been extinguished by the filing of an amended information, or whether an information so extinguished can be revived by mutual agreement of the state, the defendant and the court.”

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