Garrison v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The intention of a party is a fact determination to be made by the jury from the evidence. In arriving at this determination it has the duty to consider the testimony concerning the assault, the surrounding circumstances, including the expressions made by the participants. To permit comment on the subjective intentions of an accused by a witness based on conclusions reached from his observation invades the province of the fact finders. The issue of intent must be decided by the jury from the evidence in the case and not the conclusions of others.”

   2 later decisions quote this exact passage · from the dissent
   e.g. 761 So. 2d 177 - Jenkins v. CST Timber Co. · 748 So. 2d 143 - Morris v. State

2. “if the declarant's truthfulness is so clear from the surrounding circumstances that the test of cross-examination would be of marginal utility, then the hearsay rule does not bar admission of the statement at trial.”

   1 later decision quote this exact passage
   e.g. 870 So. 2d 1202 - Jacobs v. State

3. “[i]t is not unusual for a judge to sit on successive trials following mistrials or to hear on remand a case where he previously has heard and ruled on the evidence. . . .”

   1 later decision quote this exact passage · from the dissent
   e.g. 770 So. 2d 953 - Farmer v. State