664 So. 2d 1167 - Carpenter v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he predicate questions to impeachment must be asked in good faith, that is, with the intent and ability to later prove (if it is not admitted) that the witness gave some statement inconsistent with his or her present testimony. The reason that such proof must be forthcoming is because the predicate question — e.g., “Didn’t you tell me ... ?” or “Didn’t you say to so-and-so” — is itself testimonial, that is, the question suggests that there is a witness who can testify that such a statement was made. When this suggested witness is not actually called to give the impeaching testimony under oath, all that remains before the jury is the suggestion — from the question — that the statement was made. When that occurs, the conclusion that must be drawn is that the question was not asked in good faith, and that the attorney’s purpose was to bring before the jury inadmissi ble and unsworn evidence in the form of his questions to a witness.”

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

2. “merely taking a random shot at a reputation imprudently exposed or asking a groundless question to waft an unwarranted innuendo into the jury box”

   1 later decision quote this exact passage
   e.g. 701 So. 2d 593 - DeFreitas v. State

3. “counsel is proceeding in good faith, since `wafting before the jury questions which have no basis in fact ... can be fatal to the defendant.'”

   1 later decision quote this exact passage
   e.g. 701 So. 2d 593 - DeFreitas v. State