795 So. 2d 279 - Martinez v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The rehabilitation of prospective jurors is a tricky business that often leads to reversal. Although Florida law allows for the rehabilitation of prospective jurors whose responses during voir dire examination raise questions concerning their impartiality, "[a] juror is not impartial when one side must overcome a preconceived opinion in order to prevail." Price v. State, 538 So.2d 486, 489 (Fla. 3d DCA 1989). As the Florida Supreme Court has observed: It is difficult, if not impossible, to understand the reasoning which leads to the conclusion that a person stands free of bias or prejudice who having voluntarily and emphatically asserted its existence in his mind, in the next moment under skillful questioning declares his freedom from its influence. By what sort of principle is it to be determined that the last statement of the man is better and more worthy of belief than the former?”

   1 later decision quote this exact passage
   e.g. 832 So. 2d 850 - Carratelli v. State

2. “A juror should be excused for cause if there is any reasonable doubt about the juror's ability to render an impartial verdict.”

   1 later decision quote this exact passage
   e.g. 825 So. 2d 1067 - Scott v. State