Floyd v. State’s Empirical Analysis
2014
Citation profile
21
cited by 21 later decisions
1
states following
October 2017
most recently cited
21 state decisions
Relationships
Relies on 469 So. 2d 194 - Carter v. State · Nix v. State · 76 So. 3d 379 - Recalde v. State · 928 So. 2d 368 - Grier v. State · 39 So. 3d 431 - Richards v. State
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(General Rule) An issue in this casé is whether the defendant acted in selfdefense. It is a defense to the offense for which (defendant) is charged if the [death of] ... (victim) resulted from the justifiable use of deadly force. “Deadly force” means force likely to cause death or great bodily harm. A person is justified in using deadly force if [he][she] reasonably believes that such force is necessary to prevent imminent death or great bodily harm to [himself] [herself] or another.... If the defendant [was not engaged in unlawful activity and] was attacked in any place where [he][she] had a right to be, [he][she] had no duty to retreat and had the right to stand [his][her] ground and meet force with force, including deadly force, if [he][she] reasonably believed that it was necessary to do so to prevent death or great bodily harm to [himself] [herself] [another].... In deciding whether the defendant was justified in the use of deadly force, you must judge [him][her] by the circumstances in which [he][she] was surrounded at the time the force was used. The danger facing the defendant need not have been actual; however, to justify the use of deadly force, the appearance of danger must have been so real that a reasonably cautious and prudent person under the same circumstances would have believed that the danger could have been avoided only through the use of that force. Based upon appearance, the defendant must have actually believed that the danger was real. In considering t”
6 later decisions quote this exact passage“[T]he jury was instructed that if the use of deadly force is necessary to prevent imminent death or great bodily harm to oneself or others, then deadly force is justified without regard to any effort to retreat so long as the defendant is not engaged in unlawful activity. A defendant may not use deadly force if the defendant provoked another showing force; however, if the defendant provoked another, who then uses force so great as to put the defendant in fear of death or great bodily harm, then the defendant may use deadly force, but only if the defendant has first exhausted every means of escape. In effect, the jury instruction here provided that Floyd did not have to retreat before meeting deadly force with deadly force if in fear of death or great bodily harm and did have a duty to try to retreat before using deadly force if in fear of death or great bodily harm.”
2 later decisions quote this exact passage“In determining whether the jury instructions constituted fundamental error, we must consider 'the effect of the erroneous instruction in the context of the other instructions given, the evidence adduced in the case, and the arguments and trial strategies of counsel.'”
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.