Davis v. State’s Empirical Analysis

Citation profile

34 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A separate crime is charged against each defendant in each count of the information. The defendants have been tried together; however, the charges against each defendant and the evidence applicable to him must be considered separately. A finding of guilty or not guilty as to one or both of the defendants must not affect your verdict as to any other defendant or other crimes charged.”

   1 later decision quote this exact passage
   e.g. Dorsett v. McRay

2. “[W]here, as here, a trial judge gives an instruction that is an incorrect statement of the law and necessarily misleading to the jury, and the effect of that instruction is to negate the defendant's only defense, it is fundamental error. . . .”

   1 later decision quote this exact passage
   e.g. 933 So. 2d 1155 - Martinez v. State

3. “could have misled the jury into concluding that [the defendant] was not entrapped if the jury concluded that only [the husband] had a predisposition to commit the charged offenses.”

   1 later decision quote this exact passage
   e.g. 857 So. 2d 299 - Concepcion v. State