Evans v. State’s Empirical Analysis

Citation profile

1 federal appellate · 202 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 214 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “contemplates liberal freedom of speech and range of discussion confined only to bounds of logic and reason; and if counsel's argument is with the limits of proper debate, it is immaterial whether it is sound or unsound or whether he employs wit, invective, and illustration therein.”

   5 later decisions quote this exact passage
   e.g. 8 So. 3d 871 - Scott v. State · 913 So. 2d 198 - Walker v. State

2. “[A] lesser included offense instruction should be granted unless the trial judge—_and ultimately this Court—_can say, taking the evidence in the light most favorable to the accused, and considering all reasonable references which may be drawn in favor of the accused from the evidence, that no reasonable jury could find the defendant guilty of the lesser included offense (and conversely not guilty of at least one essential element of the principal charge).”

   4 later decisions quote this exact passage
   e.g. Florence v. State · 759 So. 2d 368 - Humphrey v. State

3. “not to be swayed by mere sentiment, conjecture, sympathy, passion, prejudice, public opinion or public feeling,”

   4 later decisions quote this exact passage
   e.g. 954 So. 2d 968 - Ross v. State · 875 So. 2d 140 - Dycus v. State