591 So. 2d 987 - Phillips v. State’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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although the state relies on the supreme court's decision in State v. Young, [217 So.2d 567 (Fla.1968)] it omits the statement in Young that there is no mandatory duty to explain possession of the goods and that it is up to the accused to do so. 217 So.2d at 570. Also, as observed by the United States Supreme Court in Barnes v. United States, 412 U.S. 837 , 93 S.Ct. 2357 , 37 L.Ed.2d 380 (1973): It is true that the practical effect of instructing the jury on the inferences arising from unexplained possession of recently stolen property is to shift the burden of going forward with evidence to the defendant. If the Government proves possession and nothing more, this evidence remains unexplained unless the defendant introduces evidence, since ordinarily the Government's evidence will not provide an explanation of his possession consistent with innocence. At 846, n. 11, 93 S.Ct. at 2363 n. 11, 37 L.Ed.2d at 387, n. 11 (emphasis [in original]). Thus, the state is not required as a predicate for obtaining the instruction to put on affirmative evidence that the accused did not explain his possession at the time of his arrest. Clearly, from our opinion herein, the state may not do so without impermissibly commenting on the defendant's right to remain silent.”

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

2. “[p]roof of possession of recently stolen property, unless satisfactorily explained, gives[s] rise to an inference that the person in possession of the property knew or should have known that the property was stolen.”

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