Caldwell v. 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. “This rule is founded on policy objectives that seek to eliminate legal trickery and procedural gamesmanship by crafty litigants who intentionally cause error or allow error to creep into the trial proceedings so they can complain about it on appeal. Equally important, the rule provides the trial court with a timely opportunity to correct the error and avoid mistrial or reversal on appeal.”

   1 later decision quote this exact passage
   e.g. 940 So. 2d 1155 - Rosen v. State

2. “if the inaccurately defined ... element is disputed and the inaccurate definition `is pertinent or material to what the jury must consider in order to convict'”

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

3. “the error in the instruction relate[s] to an element of the crime that is a contested issue.”

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