371 So. 2d 114 - Freeman v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In charging the jury on the elements of the crime, the burden of proof, and the presumption of innocence, the court made reference to "the" defendant no less than 36 times. There was only one defendant in the courtroom and it is inconceivable to me that the jury did not realize about whom the court was talking or that the jury must find this particular defendant guilty of each and every element of the crime beyond a reasonable doubt. In my opinion the charges as given were complete. It is difficult for me to fault a trial judge who follows the standard jury instructions as approved by our Supreme Court, which instructions are clear, comprehensive and correct. When that is done a conviction based thereon should be affirmed. See, Yost v. State, 243 So.2d 469 (Fla.3d DCA 1971). See also, State v. Perryman, 49 Ohio St.2d 14 , 358 N.E.2d 1040, 1049 (1976). The failure to give the requested instruction in no way precluded the defense from arguing that the state failed to prove the defendant guilty beyond a reasonable doubt. To the contrary, a review of defense counsel's opening and closing arguments to the jury reveal that the gist of his argument was that the defendant was not proved guilty beyond a reasonable doubt. This argument was based primarily upon the testimony concerning the identity of the accused as related to the jury by the victim. Where the trial court's instructions sufficiently conveyed the substance of the appellant's requested charge it was not error to refuse th”

   1 later decision quote this exact passage · from the dissent
   e.g. 380 So. 2d 1288 - State v. Freeman

2. “when identity is virtually the only issue being tried and the state's case rests on the evidence of a single witness whose testimony is sharply challenged we believe that it is necessary for the jury to have more guidance on that issue than the indirect references to the `defendant' contained in the court's charge.”

   1 later decision quote this exact passage
   e.g. 380 So. 2d 1288 - State v. Freeman