396 So. 2d 272 - Pinder v. State’s Empirical Analysis
1981
Citation profile
18 state decisions
Relationships
Relies on Inanc v. Schreckengost · 397 So. 2d 775 - Nationwide Mut. Ins. v. Ed Soules Const. Co. · Bender v. Bender · 112 So. 2d 380 - In re Florida Appellate Rules · 386 So. 2d 1259 - Marks v. Delcastillo
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"We are unable to reach the merits of this question because the issue was not properly preserved for review by any objection or motion which asserted this particularized contention below. De La Cova v. State, 355 So.2d 1227 (Fla. 3d DCA 1978), cert. denied, 361 So.2d 831 (Fla. 1978), and cases cited. This rule is applicable and controlling in this case because of the real possibility that if the claim had been brought to the attention of the court and the prosecution, it might well have been obviated by the introduction of additional testimonyas, for example, by the victim's answer to a single specific question as to whether the implement in Pinder's hand was or was not a toy. We will not reverse on the basis of an initial appellate assertion of alleged error which even may have been cured if advanced at the time of trial. See, Marks v. Delcastillo, 386 So.2d 1259, 1266-67 (Fla. 3d DCA 1980), review denied, 397 So.2d 778 (Fla. 1981)."”
1 later decision quote this exact passage“"By the very `act' of not objecting, the party who does not properly preserve error below necessarily takes his chances as to whether there was in fact any way in which the objection could have been obviated; in this case, whether the victim was indeed able to differentiate between a firearm and a toy. In other words, fundamental error may exist only when, as an essential precondition, it clearly and affirmatively appears that the result could not have been affected by the failure to object. See, Pait v. State, 112 So.2d 380 (Fla. 1959); Marks v. Delcastillo, infra, 386 So.2d at 1266-68 ." [e.s.]”
1 later decision quote this exact passage“because the issue was not properly preserved for review by any objection or motion which asserted this particularized contention below.”
1 later decision 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.