903 So. 2d 691 - Brooks v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “indulge every presumption against the waiver of a constitutional right,”

   2 later decisions quote this exact passage
   e.g. 960 So. 2d 506 - Williams v. State · 245 So. 3d 457 - Rickey Portis v. State of Mississippi

2. “[t]he State is therefore not entitled to an opportunity to show that that testimony had an independent source. Only a per se exclusionary rule as to such testimony can be an effective sanction to assure that law enforcement authorities will respect the accused's constitutional right to the presence of his counsel at the critical lineup.”

   1 later decision quote this exact passage
   e.g. 958 So. 2d 192 - Lattimore v. State

3. “there is grave potential for prejudice, intentional or not, in the pretrial lineup, which may not be capable of reconstruction at trial and . . . presence of counsel itself can often avert prejudice and assure a meaningful confrontation at trial.”

   1 later decision quote this exact passage
   e.g. 958 So. 2d 192 - Lattimore v. State