598 So. 2d 454 - State v. Powell’s Empirical Analysis

Citation profile

63 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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Improper venue shall be raised in advance of trial by motion to quash, and shall be tried by the judge alone. Venue shall not be considered an essential element to be proven by the state at trial, rather it shall be a jurisdictional matter to be proven by the state by a preponderance of the evidence and decided by the court in advance of trial.”

   3 later decisions quote this exact passage
   e.g. 639 So. 2d 395 - State v. Stokes · 694 So. 2d 401 - State v. Banks

2. “Upon motion of a defendant, a mistrial shall be ordered when a remark or comment, made within the hearing of the jury by the judge, district attorney, or a court official, during the trial or in argument, refers directly or indirectly to: • • • (2) Another crime committed or alleged to have been committed by the defendant as to which evidence is not admissible.”

   2 later decisions quote this exact passage
   e.g. State v. Holmes · 639 So. 2d 469 - State v. Tasby

3. “It would have been preferable for the prosecutor to place some evidence of [the prospective juror’s] (and his son's) criminal cases on the record.... a potential for abuse [exists] when the prosecutor's explanation is not grounded on anything clearly established on the record.”); but see State v. Kandies, supra, 467 S.E.2d at 77 (”

   2 later decisions quote this exact passage
   e.g. State of Louisiana v. David E. Bender · 609 So. 2d 950 - State v. Knighten