Manning v. State’s Empirical Analysis

Citation profile

1 federal appellate · 62 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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “What we wish to clarify here today is that upon appellate review of cases in which we find harmless error or any error which is not specifically found to be reversible in and of itself, we shall have the discretion to determine, on a case-by-case basis, as to whether such error or errors, although not reversible when standing alone, may when considered cumulatively require reversal because of the resulting cumulative prejudicial effect. That having been said, for the reasons herein stated, we find that errors as may appear in the record before us in today's case, are individually harmless beyond a reasonable doubt, and when taken cumulatively, the effect of all errors committed during the trial did not deprive Michelle Byrom of a fundamentally fair and impartial trial. We thus affirm Byrom's conviction and sentence.”

   9 later decisions quote this exact passage
   e.g. Lynch v. State · 967 So. 2d 627 - Le v. State

2. “Manning argues that it is clear from the record that Bowens was able to consider the death penalty, and that her statements concerning the imposition of it were unequivocal. This contention is not supported by the record. On her jury questionnaire Bowens stated that she could never vote to impose the death penalty. On individual voir dire, Bowens equivocated back and forth. She first said that she could give the death penalty if it was due. She also said that at the beginning of the sentencing phase she would be favoring life over death. Then, she again stated that if the evidence warranted it, she could give the death penalty. Next, she said that given the two options, she would have to choose life over death. Then, one more time, she said that she could vote for the death penalty.... It is clear from a reading of the record that Bowens was excused, over defense objection, because of her equivocation on the death penalty.... Affording the appropriate deference to the trial judge who saw and heard Bowens, we cannot say that he abused his discretion.”

   2 later decisions quote this exact passage
   e.g. 947 So. 2d 910 - Flowers v. State · 878 So. 2d 933 - Scott v. State

3. “additional character witnesses would not have, with any reasonable probability tipped the balance between mitigators and aggravators.”

   2 later decisions quote this exact passage
   e.g. 929 So. 2d 885 - Manning v. State · 884 So. 2d 717 - Manning v. State