859 So. 2d 495 - Rivera v. State’s Empirical Analysis

Citation profile

1 federal appellate · 69 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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Rivera asserts that Florida's capital sentencing scheme violates the United States Constitution under the holding of Ring . This Court addressed similar contentions in Bottoson v. Moore, 833 So.2d 693 (Fla.), cert. denied, 537 U.S. 1070 , 123 S.Ct. 662 , 154 L.Ed.2d 564 (2002), and King v. Moore, 831 So.2d 143 (Fla.), cert. denied, 537 U.S. 1067 , 123 S.Ct. 657 , 154 L.Ed.2d 556 (2002), and, while there was no single majority view expressed, we denied relief. We have since rejected numerous similar claims and find that Rivera is likewise not entitled to relief on this claim.”

   2 later decisions quote this exact passage · from the majority
   e.g. 865 So. 2d 1259 - Robinson v. State · 879 So. 2d 616 - Gudinas v. State

2. “[Ajppellate courts should continue to accord a presumption of correctness to the trial court’s rulings on motions to suppress with regard to the trial court’s determination of historical facts, but appellate courts must independently review mixed questions of law and fact that ultimately determine constitutional issues arising in the context of the Fourth and Fifth Amendment and, by extension, article I, section 9 of the Florida Constitution.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Kasparian · State v. Echevarria

3. “A ruling on a motion for a mistrial is within the sound discretion of the trial court and should be `granted only when it is necessary to ensure that the defendant receives a fair trial.'”

   2 later decisions quote this exact passage · from the majority
   e.g. 881 So. 2d 1087 - Chamberlain v. State · 870 So. 2d 198 - Santiago v. State