716 So. 2d 949 - State v. Tolbert’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Here, the complaint is not that the tape should have been excluded entirely, but rather that repetition of the tape inflamed the jury while failing to enlighten them. As noted, the defendant made no demand and gave [the victims] no warning before shooting them. Further, the defendant stood close to both victims as he shot them. For these reasons, the event begins suddenly and finishes quickly—in a matter of a few seconds. * * *It would be difficult or impossible for a juror to view the tape only once and then make a determination about which person took what action; multiple viewings were simply required in order for the jurors to glean sufficient information from the tape. Id., at 18, 716 So.2d at 959 .”

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

2. “D. On the trial of a motion to suppress filed under the provisions of this Article, the burden of proof is on the defendant to prove the ground of his motion, except that the state shall have the burden of proving the admissibility of a purported confession or statement by the defendant or of any evidence seized without a warrant.”

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

3. “Before what purposes [purports] to be a confession can be introduced in evidence, it must be affirmatively shown that it was free and voluntary, and not made under the influence of fear, duress, intimidation, menaces, threats, inducements or promises.”

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