618 So. 2d 1313 - Givens v. State’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[where] all the evidence tending to prove the guilt of the defendant is circumstantial, the trial court must grant a jury instruction that every reasonable hypothesis other than that of guilt must be excluded in order to convict.”

   3 later decisions quote this exact passage
   e.g. Jones v. State · 735 So. 2d 323 - Manning v. State

2. “evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.”

   2 later decisions quote this exact passage
   e.g. 716 So. 2d 1104 - Hooker v. State · 718 So. 2d 1115 - Terry v. State

3. “All that is required, as to the time of making photographs, is that they be verified as substantial representations of the conditions as they existed at the time in question. Oral proof can explain the changed conditions. "Photographs of the scene of an accident taken at or near the time are not always obtainable, and the only practical rule would seem to be that the changes must not be such as to destroy their substantial identity and that the changes, whatever they may be, should be carefully pointed out and brought to the jury's attention." 20 Am.Jur., Sec. 731, p. 611.”

   1 later decision quote this exact passage
   e.g. 738 So. 2d 280 - Rawson v. Midsouth Rail Corp.