592 So. 2d 264 - Aldret v. State’s Empirical Analysis

Citation profile

7 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. “WHERE THE TRIAL COURT FINDS THAT A PEREMPTORY CHALLENGE IS BASED UPON RACIAL BIAS, IS THE SOLE REMEDY TO DISMISS THE JURY POOL AND TO START VOIR DIRE OVER WITH A NEW JURY POOL, OR MAY THE TRIAL COURT EXERCISE ITS DISCRETION TO DENY THE PEREMPTORY CHALLENGE IF IT CURES THE DISCRIMINATORY TAINT?”

   2 later decisions quote this exact passage
   e.g. Aldret v. State · 606 So. 2d 1156 - State v. Aldret

2. “MR. BANKS: Judge, in Ms. Zachery’s case, she has a brother who has apparently a “crack” problem. I think it was a brother. He burglarized her mother’s house. I’m not sure what kind of feelings she has about the system or anything else. MR. CANOVA: By my count, the defense, this is his third strike and all three strikes have been for the only blacks that have come into the panel. And I just think that that shows a substantial likelihood that those people are being excused because of the race, and especially the first two for the reasons that I stated. The third one follows up on that argument. MR. BANKS: For the record, I don’t intend to exercise any more challenges on this panel and there’s a black right now. MR. CANOVA: I think it’s a clear showing of racial bias. MR. BANKS: I would also note for the record that Mr. Canova has excused nothing but elderly whites and my client is an elderly white man, so the sword cuts both ways. COURT: Well, I’m going to deny the peremptory challenge. So Ms. Zachery stays on. MR. BANKS: Note my objection for the record and I move for a mistrial. COURT: Motion denied.”

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

3. “[I]t is well-established that dicta of the Florida Supreme Court, in the absence of a contrary decision by that court, should be accorded persuasive weight. O'Sullivan v. City of Deerfield Beach, 232 So.2d 33 (Fla. 4th DCA 1970); Weber v. Zoning Board of Appeals of the City of West Palm Beach, 206 So.2d 258 (Fla. 4th DCA 1968); Milligan v. State, 177 So.2d 75 (Fla. 2d DCA 1965).”

   1 later decision quote this exact passage
   e.g. 634 So. 2d 655 - TALLAHASSEE MEMORIAL MED. CTR. v. Wells