552 So. 2d 478 - State v. West’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The charge in the instant case contains the Flowers charge in its entirety. The Court in Flowers, supra, found that the charge read as a whole does not alleviate the error and, therefore, the jury charge violated Flowers' right to due process. Though the charge also contains additional language, this language does not appear to correct the presumption found objectionable in Flowers . The fact that the jurors twice asked for clarification points out their confusion on the law. At no point did the judge explain that West, personally, had to have had the specific intent to kill to be found guilty of first degree murder.”

   1 later decision quote this exact passage
   e.g. 568 So. 2d 1019 - State v. West

2. “Reasonable doubt is based on reason and common sense and is present when, after you have carefully considered all the evidence, you cannot say that you are firmly convinced of the truth of the charge.”

   1 later decision quote this exact passage
   e.g. 596 So. 2d 306 - State v. Watts

3. “"The court may, but is not required to, define `the presumption of innocence' or `reasonable doubt' or give any other or further charge upon the same than that contained in this article."”

   1 later decision quote this exact passage
   e.g. 596 So. 2d 306 - State v. Watts