Drake v. State’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We may reverse only where, with respect to one or more of the elements of the offense charged, the evidence so considered is such that reasonable and fair-minded jurors could only find the accused not guilty.”

   4 later decisions quote this exact passage
   e.g. Anderson v. State · 856 So. 2d 285 - Jones v. State

2. “(a) the place of interrogation; (b) the time of interrogation; (c) the people present; (d) the amount of force or physical restraint used by the officers; (e) the length and form of the questions; (f) whether the defendant comes to the authorities voluntarily; and (g) what the defendant is told about the situation.”

   3 later decisions quote this exact passage
   e.g. 39 So. 3d 1001 - Blakeney v. State · 993 So. 2d 837 - Neese v. State

3. “A lesser-included[-]offense instruction should be given if there is an evidentiary basis in the record that would permit a rational jury to find the defendant guilty of the lesser-included offense and to acquit him of the greater offense. The lesser-included[-]offense instruction should be granted unless the trial court ... can say, viewing the evidence in the light most favorable to the defendant and considering all the reasonable inferences which may be drawn in favor of the defendant from the evidence, that no reasonable jury could find the defendant guilty of a lesser-included offense.”

   2 later decisions quote this exact passage
   e.g. Anderson v. State · 856 So. 2d 285 - Jones v. State