Lemus v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The aggravated assaults were committed when the defendant, using a gun, threatened and placed in fear Deputies Brady and Davis. See §§ 784.011(1) (defining crime of assault), 784.021 (defining crime of aggravated assault), 784.07(2)(c) (defining crime of aggravated assault on a law enforcement officer). The State argues that the phrase “during the course of’ contained in section 775.087(2)(a)2. should be interpreted to mean any action occurring during the “temporal episode” surrounding the charged criminal offense. The State thus maintains that since Lemus fired a revolver while earlier engaged in the standoff, the weapon was fired during the “criminal episode ” of the aggravated assault offenses. We reject the State’s broad interpretation of the statute as contrary to both the plain meaning of the statute and the “rule of lenity.” The evidence at trial established that the defendant’s discharge of the firearm, by firing a shot into the ground, took place some seven hours pnor to his threatening Deputies Brady and Davis with a gun, i.e., the commission of the aggravated assaults. Indeed, there was no evidence that either Deputy Brady or Deputy Davis actually saw, or was aware of, the defendant firing a shot into the ground. Under the circumstances of this case, it cannot be said that the discharge of the firearm occurred “during the course of the commission” of either of the aggravated assault charges.”

   1 later decision quote this exact passage
   e.g. Connolly, Jr. v. State

2. “— At about 8 a.m., police responded to an apartment after receiving a 911 call from defendant’s father. — Ten minutes after their arrival, police heard a gunshot and SWAT officers were called to the scene. — Twenty to thirty minutes later, defendant came out of the apartment with a gun in his hand and, ignoring police commands to drop the gun, fired a shot into the ground and returned inside the apartment. — At 9 a.m. SWAT officers heard more gunshots inside the apartment, and attempted to position themselves to see inside the apartment. — Defendant’s standoff with police continued until about 4 p.m., when defendant came out of the apartment, pointed his gun at Deputy Brady (but did not discharge the gun), and retreated inside the apartment (the first aggravated assault). — A short while later, defendant again came out of the apartment, pointed his gun at Deputy Davis (but did not discharge the gun) and again retreated inside the apartment (the second aggravated assault). — Defendant later emerged from the apartment a final time and was arrested without further incident.”

   1 later decision quote this exact passage
   e.g. Connolly, Jr. v. State

3. “Any person who is convicted of [murder] or an attempt to commit [murder] ... regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a “firearm” ... shall be sentenced to a minimum term of imprisonment of 20 years.”

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