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← 385 SO2D 244 - State v. Marcello

State v. Marcello’s Empirical Analysis

1980

Citation profile

40
cited by 40 later decisions
1
states following
December 2016
most recently cited

39 state decisions

How this case has been cited

Cited by 40 later decisions — most recently December 2016 · most notably State v. Jacobs (1987), 535 So. 2d 963 - State v. Lott (1988)

39 state decisions

2301980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Burks v. United States · 343 So. 2d 135 - State v. Anderson · 366 So. 2d 1291 - State v. Thompson · 328 So. 2d 87 - State v. Walker · 366 So. 2d 1336 - State v. Mouton

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

  1. “Specific criminal intent is that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act.”
    10 later decisions quote this exact passage
  2. “Simple burglary is the unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, with the intent to commit a felony or any theft therein....”
    9 later decisions quote this exact passage
  3. “"... No property was reported missing. Marcello took nothing from NOPSI except some soap and a paper towel. Compare State v. Anderson, supra, where Anderson was apprehended with stolen property. Marcello had no burglary tools. His flight does not necessarily show guilty intent to commit theft or a felony under these circumstances. Marcello may have run merely because he was not authorized to be on the NOPSI premises and had past convictions for `sleeping in public places' (Tr. 17). His activity in the building negates any implication that he intended the offense charged. " 385 So.2d at 245 . (Emphasis added).”
    2 later decisions 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.