Public-domain · open source
OpenJurist
← 880 SO2D 561 - Pearce v. State

Pearce v. State’s Empirical Analysis

2004

Citation profile

53
cited by 53 later decisions
1
states following
February 2020
most recently cited

52 state decisions

How this case has been cited

Cited by 53 later decisions — most recently February 2020 · most notably 910 So. 2d 167 - Boyd v. State (2005), 991 So. 2d 364 - Salazar v. State (2008)

52 state decisions

300200420102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Enmund v. Florida · 491 So. 2d 1129 - State v. DiGuilio · Tison v. Arizona · 615 So. 2d 688 - Spencer v. State · 753 So. 2d 29 - Rodriguez v. State

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

  1. “[IJntroduction of a prior statement that is inconsistent with a witness’s present testimony is also one of the main ways to attack the credibility of a witness. The Florida Evidence Code does not require the witness’s prior inconsistent statement to be reduced to writing in order to impeach the witness under section 90.608(l)(a). The theory of admissibility is not that the prior statement is true and the in-court testimony is false, but that because the witness has not told the truth in one of the statements, the jury should disbelieve both statements.”
    3 later decisions quote this exact passage · from the majority
  2. “To establish the CCP aggravator, the State must prove beyond a reasonable doubt that (1) the killing was the product of cool and calm reflection and not an act prompted by emotional frenzy, panic, or a fit of rage (cold); (2) the defendant had a careful plan or prearranged design to commit murder before the fatal incident (calculated); (3) the defendant exhibited heightened premeditation (premeditated); and (4) the murder was committed with no pretext of legal or moral justification.”
    3 later decisions quote this exact passage · from the majority
  3. “Extrinsic evidence of a prior inconsistent statement by a witness is inadmissible unless the witness is first afforded an opportunity to explain or deny the prior statement and the opposing party is afforded an opportunity to interrogate the witness on it, or the interests of justice otherwise require. If a witness denies making or does not distinctly admit making the prior inconsistent statement, extrinsic evidence of such statement is admissible.”
    2 later decisions quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.