824 So. 2d 271 - Kiner v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In this case, the officer's statement in front of the jury is a clear and unequivocal statement that Kiner invoked his right to an attorney and therefore a right to remain silent. As such it is fairly susceptible to interpretation as a comment on the defendant's silence. It is therefore, if not harmless, reversible error.”

   2 later decisions quote this exact passage · from the majority
   e.g. Grier v. State · 934 So. 2d 653 - Grier v. State

2. “An error is harmless only where, after close examination of the permissible evidence and even closer examination of the impermissible evidence, it is clear that the testimony did not affect the jury verdict and was harmless beyond reasonable doubt.”

   2 later decisions quote this exact passage · from the majority
   e.g. Miller v. State · 949 So. 2d 271 - Elisha v. State

3. “amounts to a comment on the defendant's right to remain silent. . . . Unless the state can show harmless error, a comment on the defendant's exercise of the right to remain silent warrants reversal.”

   1 later decision quote this exact passage · from the majority
   e.g. 949 So. 2d 271 - Elisha v. State