Richards v. State’s Empirical Analysis
2018
Citation profile
1 state decisions
Relationships
Relies on Miranda v. State of Arizona Vignera · 863 So. 2d 287 - BellSouth Telecommunications, Inc. v. Meeks · 520 So. 2d 260 - DuBoise v. State · State v. Weaver · 832 So. 2d 946 - McMillan 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Richards also contends that the trial court committed fundamental error in instructing the jury on theories of the offense that were not charged in the information. Where the jury is instructed on an alternate theory of the charged crime but that alternate theory was not charged in the information, it is fundamental error if it is clear that the jury returned a verdict on that uncharged theory. This issue is directly related to the first issue. It is clear that the jury returned a verdict on the theory or theories that were uncharged because those were the only theories on which the jury was instructed.”
1 later decision quote this exact passage · from the concurrence“No . . . information, or any count thereof, shall be dismissed or judgment arrested, or new trial granted on account of any defect in the form of the . . . information or of misjoinder of offenses or for any cause whatsoever, unless the court shall be of the opinion that the . . . information is so vague, indistinct, and indefinite as to mislead the accused and embarrass him or her in the preparation of a defense or expose the accused after conviction or acquittal to substantial danger of a -3- new prosecution for the same offense.”
1 later decision quote this exact passage“[g]enerally the test for granting relief based on a defect in the information is actual prejudice to the fairness of the trial.”
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.