Leitner v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"` Burks [v. United States , 437 U.S. 1 , 98 S.Ct. 2141 , 57 L.Ed.2d 1 (1978)], was careful to point out that a reversal based solely on evidentiary insufficiency has fundamental different implications, for double jeopardy purposes, than a reversal based on such ordinary "trial errors" as the "incorrect receipt or rejection of evidence." 437 U.S. at 14 -16 , 98 S.Ct. at 2148 -2150 . While the former is in effect a finding "that the government has failed to prove its case" against the defendant, the latter "implies nothing with respect to the guilt or innocence of the defendant," but is simply "a determination that [he] has been convicted through a judicial process which is defective in some fundamental respect." Id . at 15, 98 S.Ct. at 2149 (emphasis added.' " Lockhart v. Nelson , 488 U.S. [33 , 40 , 109 S.Ct. 285 , 290 , 102 L.Ed.2d 265 (1988)]."”

   1 later decision quote this exact passage
   e.g. 767 So. 2d 380 - Callahan v. State