605 So. 2d 1237 - Ex Parte Gingo’s Empirical Analysis

Citation profile

24 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The presence or absence of bad faith by the police for purposes of the Due Process Clause must necessarily turn on the police's knowledge of the exculpatory value of the evidence at the time it was lost or destroyed.”

   5 later decisions quote this exact passage
   e.g. 961 So. 2d 187 - State v. Seawright · 790 So. 2d 267 - Griffin v. State

2. “[U]nless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law.”

   4 later decisions quote this exact passage
   e.g. 961 So. 2d 187 - State v. Seawright · 790 So. 2d 267 - Griffin v. State

3. “"Although to show bad faith, for the purpose of showing a due process violation, the defendant must show that the State had knowledge of the exculpatory value of the destroyed evidence, 'there may well be cases in which the defendant is unable to prove that the State acted in bad faith but in which the loss or destruction of evidence is nonetheless so critical to the defense as to make a criminal trial fundamentally unfair.' Youngblood , 488 U.S. at 67 , 109 S.Ct. at 342 (Stevens, J., concurring in the result). We think that this is such a case."”

   3 later decisions quote this exact passage
   e.g. 893 So. 2d 488 - Snyder v. State · 639 So. 2d 557 - Gurley v. State