Portner v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[o]nly if the appellate court can say, beyond a reasonable doubt, that the defense was not procedurally prejudiced by the discovery violation.”

   2 later decisions quote this exact passage
   e.g. 208 So. 3d 1213 - Terry Bess v. State · 872 So. 2d 441 - Flores v. State

2. “In determining whether a Richardson violation is harmless, the appellate court must consider whether there is a reasonable possibility that the discovery violation procedurally prejudiced the defense. As used in this context, the defense is procedurally prejudiced if there is a reasonable possibility that the defendant’s trial preparation or strategy would have been materially different had the violation not occurred.”

   1 later decision quote this exact passage
   e.g. Shibble v. State

3. “(1) whether the violation was inadvertent or willful, (2) whether it was trivial or substantial, and (3) whether noncompliance... has prejudiced the opposing party's ability to properly prepare for trial.”

   1 later decision quote this exact passage
   e.g. 872 So. 2d 441 - Flores v. State