591 So. 2d 977 - Fassi 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. “"We agree with Judge Schwartz's reasoning that under certain circumstances, a defendant's right to obtain a chosen jury may be infringed upon by the state's bad faith conduct whether the selected jury is discharged before or after it has been sworn. We recognize that the decision to nolle pros is within the state's discretion and that a nolle pros may be filed any time before the jury has been sworn or evidence has been presented. [c.o.] This is not to say, however, that the state has unbridled discretion. We are additionally cognizant of the fact that jeopardy ordinarily does not attach until a jury is empaneled and sworn. We recognize that the decision to nolle pros is within the state's discretion and that a nolle pros may be filed any time before the jury has been sworn or evidence has been presented. [c.o.] It is our conclusion that the circumstances in the present case are insufficient to create an exception to the bright line rule. "Although appellee's conduct in this case was questionable, we are unable to conclude from the record before us that it was motivated by bad faith.”

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