778 So. 2d 906 - Foster v. State’s Empirical Analysis

Citation profile

46 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “that the killing was the product of cool and calm reflection and not an act prompted by emotional frenzy, panic, or a fit of rage (cold); that the defendant had a careful plan or prearranged design to commit murder before the fatal incident (calculated); that the defendant exhibited heightened premeditation (premeditated); and that the defendant had no pretense of moral or legal justification.”

   3 later decisions quote this exact passage · from the majority
   e.g. Calhoun v. State · 132 So. 3d 756 - McCoy v. State

2. “[P]retrial publicity must be examined in the context of numerous circumstances, including; (1) when it occurred in relation to the time of the crime and the trial; (2) whether the publicity was made up of factual or inflammatory stories; (3) whether the publicity favored the prosecution's side of the story; (4) the size of the community; and (5) whether the defendant exhausted all of his peremptory challenges.”

   2 later decisions quote this exact passage · from the majority
   e.g. 848 So. 2d 1031 - Chandler v. State · 454 F. Supp. 2d 1137 - Chandler v. Crosby

3. “a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.”

   2 later decisions quote this exact passage · from the majority
   e.g. Byrd v. State · 934 So. 2d 1128 - Reynolds v. State