397 So. 2d 1229 - McCray v. State’s Empirical Analysis
1981
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently March 2006
19 state decisions
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 Green v. State · Motley v. State · Mahaun v. State · 397 So. 2d 1224 - Damon v. State · 324 So. 2d 630 - State v. White
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.
“reflects that the jury, instructed on Count Two that the defendant could be found guilty of possession and display of the firearm `while committing or attempting to commit the felony of second degree murder,' was not instructed as to Count One on the offense of attempted second-degree murder. This means that the jury logically could have found that the defendant attempted to commit the felony of second-degree murder so as to support the conviction of possession and display of a firearm during the course of that felony, and still have acquitted the defendant of the crimes of second-degree murder and manslaughter, the only offenses upon which, under the court's instructions, it could have returned a verdict on Count One. Under such circumstances, the conviction on Count Two may stand.”
2 later decisions quote this exact passage“Moreover, we confess to a certain satisfaction in applying this presumption [that the jury acted in accordance with the law] to McCray, whose argument basically is, after all, that because the jury charitably gave him the appetizer and main course, he is legally entitled to dessert and coffee. We do not think a defendant should be heard to make such a demand, let alone receive an affirmative answer. (citation omitted)”
1 later decision quote this exact passage · from the dissent“a firearm during the commission of a felony, as instructed, in Counts I and II is not legally inconsistent with its finding of”
1 later decision quote this exact passage · from the dissent
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.