375 So. 2d 419 - Grace v. State’s Empirical Analysis

Citation profile

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. “[T]he jury should not be instructed as to a lesser-included offense in such a way as to ignore the primary charge as this would be confusing to the jury. It is also true that if the evidence does not justify submission of a lesser-included offense, the court should refuse to do so. Unwarranted submission of a lesser offense is an invitation to the jury to disregard the law.”

   8 later decisions quote this exact passage
   e.g. Stewart v. State · 432 So. 2d 1205 - Lacy v. State

2. “[L]esser-included offense instructions should be given if there is an evidentiary basis in the record that would permit a jury rationally to find the defendant guilty of the lesser offense and to acquit him of the greater offense.”

   2 later decisions quote this exact passage
   e.g. Stewart v. State · 913 So. 2d 198 - Walker v. State

3. “[W]hen warranted by evidence, the trial court may instruct the jury with reference to lesser-included offenses. However, such an instruction should not be indiscriminately or automatically given, ... but should only be given after the trial court has carefully considered the evidence and is of the opinion that such instruction is justified by the evidence.”

   1 later decision quote this exact passage
   e.g. 483 So. 2d 338 - Messer v. State