Lofton v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Of course, he should keep off of the province of the jury, and not try to influence their verdict; and while it might be safer for him to rule without giving his reasons therefor, he has the right to give such reasons if he so desires, and to show why, in his opinion, the reasons advanced for a contrary ruling are unsound.... It is true that “an overspeaking judge is no well-tuned cymbal,” but ... neither is an aphonic dummy a becoming receptacle for judicial power.”

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

2. “[T]his Court has ... held many times that `a violation of Rule 9.04 is considered harmless error unless it affirmatively appears from the entire record that the violation caused a miscarriage of justice.'”

   1 later decision quote this exact passage
   e.g. 999 So. 2d 393 - Flaggs v. State

3. “[W]e hold that harmless error analysis is applicable in cases where the trial court does not sua sponte give the required limiting instruction when M.R.E. 404(b) evidence is admitted.”

   1 later decision quote this exact passage
   e.g. 878 So. 2d 913 - Walker v. State