Febre v. State’s Empirical Analysis

Citation profile

2 federal appellate · 67 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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(4) No party may assign as error or grounds of appeal, the giving or the failure to give an instruction, unless he objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which he objects, and the grounds of his objection. Opportunity shall be given to make the objection out of the hearing of the jury. “(5) When an objection is made to the giving or failure to give an instruction, no exception need be made to the court’s ruling thereon in order to have such ruling reviewed, and the grounds of objection and ruling thereon shall be taken by the court reporter, transcribed by him, and filed in the cause.” (Emphasis supplied).”

   3 later decisions quote this exact passage
   e.g. Peel v. State · White v. State

2. “but rather from the infirmity of passion to which even good men are subject.”

   2 later decisions quote this exact passage
   e.g. 833 So. 2d 192 - Villella v. State · 777 So. 2d 983 - Paz v. State

3. “"In this case, defendant did not testify that he killed the deceased in the heat of passion, or that he did not know what he was doing, or that he was so moved by any emotion that he killed the deceased. But his actions speak louder than any testimony he might have given. From the record it appears that those in the house at the time of the killing were of such a temperament and disposition that they reacted to human impulses much more readily, than they could have expressed themselves in any words at trial .... "The defendant certainly was no model husband. No doubt he had mistreated and abused his wife, though he denied it and though he was still trying to effect a reconciliation. He had been twice before convicted of crime. His excuse for carrying a pistol, while plausible, was wholly uncorroborated. He had perjured himself in the divorce suit. But he was human and had `the frailty of human nature,' ... when he saw his wife and this nude man, emerging from the very bedroom that he and she had formerly occupied. We conclude that the killing was committed in sudden heat of passion, aroused by adequate provocation." 30 So.2d at 369 (citations omitted).”

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