Nock v. State’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The evidence revealed that the victim, a sixty[-]eight-year-old retired man, took [Nock], a twenty-seven-year-old man, home with him from the beach. When the victim did not show up later that day for a planned dinner, the victim's friend went to his house. There, he discovered the victim lying face down in the kitchen. A detective arrived at the scene and spoke to witnesses, who saw the victim eating with a younger man on his back porch earlier that day. A medical examiner determined the victim had extensive injuries to his neck consistent with pressure being applied to the area. He questioned whether it was horseplay or erotic choking, but determined more force was likely used to cause the victim's death. During the investigation, law enforcement discovered videos showing [Nock] using the victim's credit card at various Broward County stores. Surveillance videos showed the victim's car at locations where the card was used. [Nock] actually gave his phone number to a cashier while using the victim's credit card. Law enforcement obtained a pen-register/trap and trace order to access information concerning [Nock's] cell phone, and an order specifically authorizing the use of real time cellular site information ("CSLI") to track the cell phone. Six days after the victim's death, a Broward detective was notified that [Nock's] cell phone had been turned on for the first time in three days. The cell phone signal was tracked to South Beach. Broward law enforcement traveled to South B”

   1 later decision quote this exact passage
   e.g. Gabriel Brian Nock v. State of Florida

2. “[Prior to trial, Nock] filed a motion [in limine] seeking to require the State to admit the entire video recording of [Nock's] statement into evidence, under the best evidence rule and the [statutory] rule of completeness. The trial court denied the request, specifically finding the rule of completeness [contained within section 90.108(1), Florida Statutes (2014),] inapplicable because the State did not offer the video into evidence. The [trial] court stated that if the desired portions of the statements were elicited when the defense cross-examined the detective, then section 90.806(1), Florida Statutes (2014), allowed the State to use [Nock's] prior convictions for impeachment. [Nock] later renewed his rule of completeness objection during the State's direct examination of the detective; the court denied the motion. During a sidebar, the State suggested that [Nock] was free to introduce the video in his portion of the case. Rather than do so, the defense cross-examined the detective regarding the exculpatory portions of [Nock's] statement, which supported his defense of the victim's death being an accident. As a result, the jury was later advised of [Nock's] "nine prior convictions of felonies or crimes involving dishonesty." The trial court instructed the jury that the prior crimes were not evidence of guilt and should only be used in assessing [Nock's] credibility.”

   1 later decision quote this exact passage
   e.g. Gabriel Brian Nock v. State of Florida

3. “There, the Second District held [that once the State introduced a portion of the defendant's statement into evidence,] the defendant was entitled to have the jury hear the remainder of his statement without placing his credibility in issue [under section 90.806(1) ].”

   1 later decision quote this exact passage
   e.g. Gabriel Brian Nock v. State of Florida