997 So. 2d 382 - Poole v. State’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[On direct] appeal, Poole raisefd] four issues: (1) whether the trial court abused its discretion in denying Poole’s motion for mistrial when the prosecutor repeatedly commented during closing argument on Poole’s failure to testify at trial and on his silence after his arrest; (2) whether the prosecutor violated Poole’s right to a fair penalty phase proceeding by cross-examining defense witnesses about the unproven prior arrests, the unproven content of a tattoo, and the lack of remorse; (8) whether the prosecutor violated Poole’s right to a fair penalty phase proceeding by misleading the jurors about their responsibilities in recommending a sentence; and (4) whether Florida’s death penalty statute violates the Sixth Amendment right to trial by jury.”

   1 later decision quote this exact passage · from the majority
   e.g. 151 So. 3d 402 - Mark Anthony Poole v. State of Florida

2. “reaches down into the validity of the trial itself to the extent that a verdict of guilty . . . could not have been obtained without the assistance of the alleged error.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Thames v. State

3. “District courts have with varying results continued to apply Delva's -8- "down into the validity of the trial itself,”

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