558 So. 2d 826 - Ellis v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Arguably of Shakespearian origin, the dying declaration exception found its traditional justification in the once near universal view that no man would meet his maker with a lie on his lips. We live in more secular times, still the dying declaration is regarded "a firmly rooted hearsay exception." Today admissibility of dying declarations is justified on grounds of trustworthiness and necessity, although the latter principle remains the subject of some controversy, for need may hardly justify the use of otherwise unreliable evidence. The trustworthiness ground appears sounder. There remains a broad social consensus that dying declarations are generally reliable. "Since the statement concerns the immediate happening, the danger of fabrication, conscious and unconscious, is lessened." 4 Weinstein's Evidence, ¶ 804(b)(2)[01], p. 804-115 (Weinstein and Berger, Ed. 1988). Admitting dying declarations fits with the general philosophy of modern rules of evidence that courts should receive the sorts and forms of information reasonably prudent people commonly rely upon in making the important decisions of their lives.”

   1 later decision quote this exact passage
   e.g. 611 So. 2d 924 - Berry v. State

2. “for common sense knows what common experience shows: that the dying will often not declare the end they know so imminent and so eminent.”

   1 later decision quote this exact passage
   e.g. 611 So. 2d 924 - Berry v. State

3. “shown circumstantially by the apparent fatal quality”

   1 later decision quote this exact passage
   e.g. 611 So. 2d 924 - Berry v. State