802 So. 2d 82 - Smith v. State’s Empirical Analysis

Citation profile

62 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “accept as true the evidence which supports the verdict and will reverse only when convinced that the circuit court has abused its discretion in failing to grant a new trial.”

   16 later decisions quote this exact passage
   e.g. Steadham v. State · Singleton v. State

2. “If the facts and inferences so considered point in favor of the accused with sufficient force that reasonable men could not have found beyond a reasonable doubt that he was guilty, reversal and discharge are required.”

   10 later decisions quote this exact passage
   e.g. 881 So. 2d 926 - Knight v. City of Aberdeen · 866 So. 2d 1107 - Davis v. State

3. “Jury instructions are to be read together and taken as a whole with no one instruction taken out of context. A defendant is entitled to have jury instructions given which present his theory of the case, however, this entitlement is limited in that the court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundation in the evidence.”

   5 later decisions quote this exact passage
   e.g. Hager v. State · 849 So. 2d 1281 - Murray v. State