860 So. 2d 704 - Howell v. State’s Empirical Analysis

Citation profile

121 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 126 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he instructions are to be read together as a whole, with no one instruction to be read alone or taken out of context. A defendant is entitled to have jury instructions given which present his theory of the case. However, the trial judge may also properly refuse the instructions if he finds them to incorrectly state the law or to repeat a theory fairly covered in another instruction or to be without proper foundation in the evidence of the case.”

   16 later decisions quote this exact passage · from the concurrence
   e.g. HWCC-Tunica, Inc. v. Jenkins · Beckwith v. Shah

2. “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. 873 So. 2d 155 - Steen v. State · 958 So. 2d 1223 - Chinn v. State

3. “[w]e will not order a new trial unless convinced that the verdict is so contrary to the overwhelming weight of the evidence that, to allow it to stand, would be to sanction an unconscionable injustice.”

   5 later decisions quote this exact passage · from the concurrence
   e.g. Richardson v. State · 945 So. 2d 372 - McLendon v. State