764 So. 2d 385 - Tanner v. State’s Empirical Analysis

Citation profile

57 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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “clearly erroneous or against the overwhelming weight of the evidence.”

   19 later decisions quote this exact passage
   e.g. Weeks v. State · 917 So. 2d 808 - Beckum v. State

2. “A leading question is one that suggests to the witness the specific answer desired by the examining attorney. Trial courts are given great discretion in permitting the use of such questions, and unless there has been a manifest abuse of discretion resulting in injury to the complaining party, we will not reverse the decision. This is because the harm caused is usually inconsiderable and speculative, and only the trial court was able to observe the demeanor of the witness to determine the harm.”

   4 later decisions quote this exact passage
   e.g. Carter v. State · Erving v. State

3. “[T]he inquiry is not whether the jury considered the improper evidence or law at all, but rather, whether the error was unimportant in relation to everything else the jury considered on the issue in question.”

   4 later decisions quote this exact passage
   e.g. 972 So. 2d 525 - Hayden v. State · 829 So. 2d 29 - Kolberg v. State