387 So. 2d 1108 - State v. Moak’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. “Criminal negligence exists when although neither specific nor general criminal intent is present, there is such disregard for the interest of others that the offender's conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful man under the circumstances. The term intentional within the meaning of the statute requires general criminal incident to cause a child unjustifiable pain and suffering. Mistreatment means abuse. To be criminally negligent in his mistreatment or negligence of the child, the defendant must have such disregard for the interest of the child that his conduct amounted to a gross deviation below the standard of care expected to be maintained by a reasonably careful person under like circumstances. Proof of ordinary negligence does not constitute proof of criminal negligence. The State is required to show more than a mere deviation from the standard of ordinary care. Ordinary negligence consists of mere inadvertence, incompetence, unskillfulness, or a failure to take precautions to enable the act or adequately to cope with a possible or probable future emergency. Ordinary negligence does not constitute proof of criminal negligence, and the state must prove beyond a reasonable doubt more than a mere deviation from the standard of ordinary care. Criminal negligence does not exist unless the actions of the accused demonstrate such disregard for the interest of the victim that the offender's conduct amounts t”

   1 later decision quote this exact passage
   e.g. 945 So. 2d 701 - State v. Galliano

2. “did what any reasonable man would do to avoid the accident—he pulled over to the shoulder on his side of the road.”

   1 later decision quote this exact passage
   e.g. 471 So. 2d 778 - State v. Crawford

3. “presumed... not under the influence of alcoholic beverages.”

   1 later decision quote this exact passage
   e.g. 525 So. 2d 1235 - State v. Garrett