545 So. 2d 894 - State v. Cohen’s Empirical Analysis

Citation profile

6 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Neither Florida Statute 914.21 nor Florida Statute 914.22 defines the phrase "influence the testimony of any person." Specifically, the statute leaves ambiguous whether it is criminal to influence to testify falsely, or truthfully, or both. The only assistance seems to appear in Florida Statute 914.22(3) which states that if the defendant's intent was to influence to testify truthfully then he has the burden of proof to establish this fact which is an affirmative defense. Subsection three (3) unconstitutionally shifts the burden of proof from the State to the Defendant. By requiring the Defendant to prove his innocence, this section would relieve the State of its obligation to prove the Defendant's guilt, beyond a reasonable doubt, of every element of the crime.”

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

2. “[i]nfluence the testimony of any person in an official proceeding.”

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