907 So. 2d 461 - Ex Parte State’s Empirical Analysis

Citation profile

9 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““plac[e] in the record a notation stating that the fact of [Wheat’s] conviction removed the presumption of [Wheat’s] innocence, but that the conviction was appealed and it was neither affirmed nor reversed on appeal because [Wheat] died while the appeal of the conviction was pending and the appeal was dismissed.””

   3 later decisions quote this exact passage · from the majority
   e.g. Wheat v. State · Commonwealth v. Hernandez

2. “`necessarily has on the surviving victims of violent crime'”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Moeller · State v. Devin

3. “In a case such as this one, the conviction has not been tested on appeal, yet abating it ab initio presumes that the appeal, if it had proceeded to conclusion, would have resulted in a reversal of the judgment with an instruction to the trial court to enter a judgment of acquittal. Merely allowing the conviction to stand, on the other hand, presumes that the appeal would have been unsuccessful.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Korsen