767 So. 2d 986 - Davis v. State’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a] motion for change of venue `must be in writing and supported by affidavits of two or more credible persons showing that the defendant cannot receive an impartial and fair trial in that particular county because of prejudgment of the case or grudge or ill will to the defendant in the mind of the public.'”

   5 later decisions quote this exact passage
   e.g. King v. State · Cox v. State

2. “(1) capital cases based on considerations of a heightened standard of review; (2) crowds threatening violence toward the accused; (3) an inordinate amount of media coverage, particularly in cases of (a) serious crimes against influential families; (b) serious crimes against public officials; (c) serial crimes; (d) crimes committed by a black defendant upon a white victim; (e) where there is an inexperienced trial counsel.”

   4 later decisions quote this exact passage
   e.g. King v. State · 22 So. 3d 1175 - Barfield v. State

3. “[U]pon proper application, there arises a presumption that such sentiment exists; and, the state then bears the burden of rebutting that presumption.”

   4 later decisions quote this exact passage
   e.g. McCune v. State · King v. State