3 So. 3d 1204 - Hojan v. State’s Empirical Analysis

Citation profile

1 federal appellate · 10 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Gerhard Hojan was charged with armed robbery, armed kidnapping, attempted murder, and murder arising out of the events of Monday, March 11, 2002. The evidence presented at Hojan’s trial established that at approximately 4 a.m., Hojan and Jimmy Mickel entered the Waffle House where the victims, Barbara Nunn, Christina De La Rosa, and Willy Absolu worked. Hojan and Mickel had eaten at that Waffle House on several prior occasions, and the victims recognized and knew Hojan and Mickel. Mickel had also previously worked at that Waffle House. Additionally, Nunn knew Mickel and Hojan from attending a club where Mickel and Ho-jan worked and where they had previously admitted Nunn for free. After eating breakfast, Mickel exited the Waffle House. He returned with a pah- of bolt cutters and went toward the employee section of the restaurant. Ho-jan produced a handgun and ordered Nunn, De La Rosa, and Absolu into the back of the kitchen, where he directed them into a small freezer and shut them inside. While Mickel cut the locks to various cash stores, Hojan returned to the freezer a total of three times. First, Hojan returned and demanded that the victims give him any cell phones they had. Next, he returned and demanded their money. Finally, he returned and ordered the victims to turn around and kneel on the floor. Nunn protested and tried to persuade Hojan not to kill them, but Hojan nevertheless shot each of the victims.... Nunn survived and awoke later with Absolu’s legs on top of her”

   1 later decision quote this exact passage · from the majority
   e.g. & SC13-2422 Gerhard Hojan v. State of Florida & Gerhard Hojan v. Julie L. Jones, etc.

2. “In summary: (1) Hojan knowingly, intelligently, and voluntarily waived his right to mitigation, and thus Koon was satisfied; (2) there is no evidence in the record that the trial court gave the jury’s recommendation “great weight,” as was prohibited in Muhammad; (3) it was reasonable for the trial court not to force Hojan’s mother to testify when her son had expressly asked her not to testify; (4) Hojan is barred from claiming that [Attorney] Moldofs performance was ineffective in the presentation of mitigating evidence because Hojan waived presentation of mitigation evidence; and (5) there is evidence in the record that the trial court considered the contents of the PSI. Accordingly, we deny all five of Hojan’s subclaims in this issue.”

   1 later decision quote this exact passage · from the majority
   e.g. & SC13-2422 Gerhard Hojan v. State of Florida & Gerhard Hojan v. Julie L. Jones, etc.