889 So. 2d 335 - State v. Divers’s Empirical Analysis
2004
Citation profile
19
cited by 19 later decisions
1
states following
December 2018
most recently cited
1 federal appellate · 18 state decisions
Relationships
Relies on Faretta v. California · Payton v. New York · Delaware v. Van Arsdall · Davis v. Alaska · Chambers v. Mississippi
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As jurors you alone determine the weight and credibility of the evidence. As the sole judges of the credibility of witnesses and of the weight of them testimony deserves, you should scrutinize carefully the testimony and circumstances under which the witness has testified. In evaluating the testimony of a witness, you may consider his ability and opportunity to observe and remember the matter about which he testified, his manner while testifying, any reason he may have for testifying in favor of or against the State or Defendant, and the extent to which the testimony is supported or contradicted by the evidence. The testimony of a witness may be discredited by showing that the witness will benefit in some way by Defendant’s conviction or acquittal, that the witness is prejudiced, or that the witness has any other reasons or motive for not telling the truth.”
1 later decision quote this exact passage“Such “great caution” instructions are required when a case involves uncorrob orated accomplice testimony. However, such instructions are not mandatory where an accomplice’s or snitch’s testimony is materially corroborated. Testimony is materially corroborated “if there is evidence that confirms material points in an accomplice’s tale, and confirms the defendant’s identity and some relationship to the situation.””
1 later decision quote this exact passage“are privileged communications not subject to disclosure. However, a criminal defendant may petition the court for an in camera inspection of the records of a privileged communication to determine whether”
1 later decision quote this exact passage
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.