788 So. 2d 812 - Gandy v. State’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Gandy argues that Ivy is inapplicable here because the witness did not first exhibit problems with communication. The record does not reveal any hesitancy on the victim's part in testifying as to the events that occurred. However, communication difficulties are not just in situations where the victim is embarrassed or ashamed. Here the victim testified as to the details of the event without any difficulty. She testified using terms in the vernacular. The leading questions only clarified the terms used in order to obtain the anatomically correct terminology. In this case the communication difficulties concern the terminology. Gandy contends that without the use of the leading questions the State would not have proved its case. We find only that certain clarity was brought to the testimony by the nature of the questions, and disagree that any substantively different evidence was thereby admitted. Gandy was not prejudiced. The leading questions were proper. We find no error on this point.”

   1 later decision quote this exact passage
   e.g. 886 So. 2d 22 - Barrett v. State

2. “[l]eading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony.”

   1 later decision quote this exact passage
   e.g. 886 So. 2d 22 - Barrett v. State

3. “Children are a classic example of the kinds of witnesses for whom leading questions may be necessary.”

   1 later decision quote this exact passage
   e.g. 886 So. 2d 22 - Barrett v. State