Alicea v. State’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... Moreover, in Frazier v. State, 107 So.2d 16 (Fla. 1958) the Supreme Court determined that where the evidence supported a jury finding of murder by premeditated design, error in the felony murder instruction was harmless. This same thought was recently reiterated by the Supreme Court in Vasil v. State, 374 So.2d 465 (Fla. 1979). If it be harmless, rather than fundamental error to give an erroneous felony murder instruction in a case where the principle charge is murder by premeditated design, we certainly cannot declare it to be fundamental error in the case now before us in which a felony murder instruction has been properly given and the shortcoming is merely failure to define the elements of the underlying felony, especially when defense counsel specifically objects to the giving of any such instruction, as he did in the instant case... .”

   1 later decision quote this exact passage
   e.g. 414 So. 2d 264 - Fuller v. State