868 So. 2d 256 - State v. Lee’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. “Under the rationale of Doyle , due process is violated whenever the prosecution uses for impeachment purposes a defendant’s post-Miranda silence. Doyle thus does not bear the hallmarks of a prophylactic rule. Instead, we think Doyle error fits into the category of constitutional violations which we have characterized as “ ‘trial error.’ ” Trial error “oecur[s] during the presentation of the case to the jury,” and is amenable to harmless-error analysis because it “may ... be quantitatively assessed in the context of other evidence presented in order to determine [the effect it had on the trial].””

   1 later decision quote this exact passage
   e.g. 12 So. 3d 990 - State v. McCray

2. “It is error to introduce into evidence weapons which are allegedly "similar" to the ones used in the murder. The jurors naturally tend to infer a connection between the weapon and the murder simply from a mere viewing of the material object, although such a connection is not proved. The viewing tends without proof prejudicially to associate the accused with the deadly weapon. Because the potential for prejudicial effect may outweigh any probative value such evidence may possess, it is our view that a trial judge flirts with prejudicial error when he permits such evidence to be introduced.”

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