Keen v. State’s Empirical Analysis

Citation profile

1 federal appellate · 59 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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When the only possible relevance of an out-of-court statement is directed to the truth of the matters stated by a declarant, the subject matter is classic hearsay even though the proponent of such evidence seeks to clothe such hearsay under a nonhearsay label.”

   12 later decisions quote this exact passage · from the majority
   e.g. Kaseta v. State · ASAD U. KHAN v. STATE OF FLORIDA

2. “[i]n order to sustain a sentence of death following a jury recommendation of life, the facts suggesting a sentence of death should be so clear and convincing that virtually no reasonable person could differ.”

   6 later decisions quote this exact passage · from the majority
   e.g. Bottoson v. Moore · Washington v. State

3. “The singular focus of a Tedder inquiry is whether there is `a reasonable basis in the record to support the jury's recommendation of life,' rather than the weighing process which a judge conducts after a death recommendation.”

   5 later decisions quote this exact passage · from the majority
   e.g. Washington v. State · 894 So. 2d 178 - Weaver v. State