873 So. 2d 582 - Lee 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. “[T]he police detective’s response served to bolster the victim’s credibility, and the admission of this testimony constituted reversible error. If the trial court had sustained the objection and immediately given a curative instruction, perhaps the damage could have been mitigated, but by overruling the objection, the jury was left with the impression that it could properly take into account the detective’s opinion. In Perez v. State, 595 So.2d 1096,1097 (Fla. 3d DCA 1992), we stated that errors committed from the improper admission of a police officer’s testimony that can be used to bolster the credibility of a victim’s trial testimony cannot be deemed harmless. See also Rodriguez v. State, 842 So.2d 1058, 1054 (Fla. 3d DCA 2003) (where we stated that “in cases such as this where the case consists of a credibility contest between the victim and the defendant, the error is not harmless.”).”

   1 later decision quote this exact passage
   e.g. 147 So. 3d 628 - Cavaliere v. State

2. “While a great deal of credibility is given to eyewitness identification, empirical studies have shown that eyewitness identification can actually be extremely unreliable.... What makes eyewitness identification unreliable? When crime victims attempt to recall faces of strangers they have seen for only a brief period of time, many factors affect their ability to accurately remember what they have seen. Factors that may affect reliability of the identification include: lighting conditions; the duration of the event; violence; the age, sex and race of the perpetrator; the length of time between the event and the identification of the perpetrator, and the acquisition of post-event information that may distort the memory.”

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

3. “The defense objected to the introduction of this testimony and moved to strike the testimony. The trial court overruled the objection.”

   1 later decision quote this exact passage
   e.g. 923 So. 2d 460 - Seibert v. State