4 So. 3d 642 - Hernandez v. State’s Empirical Analysis

Citation profile

35 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is our interpretation that heinous means extremely wicked or shockingly evil; that atrocious means outrageously wicked and vile; and, that cruel means designed to inflict a high degree of pain with utter indifference to, or even enjoyment of, the suffering of others. What is intended to be included are those capital crimes where the actual commission of the capital felony was accompanied by such additional acts as to set the crime apart from the norm of capital felonies— the conscienceless or pitiless crime which is unnecessarily torturous to the victim.”

   5 later decisions quote this exact passage · from the majority
   e.g. 71 So. 3d 802 - Baker v. State · 99 So. 3d 431 - Oyola v. State

2. “The defense then presented testimony from Hernandez’s half-brother, Richard Hartman Jr., and Hernandez’s mother, Cheryl Walker, FN5 about Hernandez’s dysfunctional childhood in which he was exposed to drugs and violence from a young age. According to-their testimony, Cheryl and Hernandez’s father, Michael Hernandez Sr., used marijuana on a regular basis in Hernandez’s presence when he was a child and also used crystal methamphetamine and cocaine. They wandered around the country and were in hiding from the Bandidos, a motorcycle group from which'they had fell out of favor. Cheryl later left Michael Sr. and relocated to. California with Hernandez. In California, Cheryl, who was no longer using methamphet-amines but was drinking heavily, briefly reunited with Michael Sr. They later separated, and Cheryl left Hernandez, who was approximately three years old at the time, with his father while she sold drugs. Michael Sr. lived with the Esterbrooks (sic), who were also using and dealing drugs. Richard Jr. and Cheryl testified that Hernandez returned to live with Cheryl several years later after she met and married Michael Murphy. Murphy, who also abused drugs, beat Cheryl in front of her children and was jailed for. putting a gun in her mouth. Cheryl sent Hernandez back to his father because she was -afraid for his life when she was with Murphy. Hernandez lived with his father in a hotel room until his father’s death from a drug overdose. Richard Jr. and Cheryl also testified that ”

   1 later decision quote this exact passage · from the majority
   e.g. & SC13-2330 Michael A. Hernandez, Jr. v. State of Florida and Michael A. Hernandez, Jr. v. Julie L. Jones, etc.

3. “According to Hernandez’s statements, the following events occurred on November 18 and 19, 2004. Hernandez left his house at 8:30 a.m. on November 18 to go to work, but he and [Shawn] Arnold instead “went to a crack friend’s house and got some crack ... with the gas money and cigarette money [Hernandez] had for the day.” Although he had used crack before moving to Florida, Hernan-d¿z had not used it since moving to Florida. They were “doing crack,” and Arnold suggested going to the house of “Snapper,” an individual whom Arnold knew. -Arnold had done cocaine with “Snapper” before, but Hernandez did not know him. Arnold told him “he was going to try and get some money.” Hernandez and Arnold drove to “Snapper’s” house in Arnold’s car. They went to the door and spoke with an “old lady” at the house, Arnold told Hernandez to “grab her,” and Hernandez grabbed the lady by the mouth and pulled her into the house. Hernandez “got her quiet” and told .her, “shh, calm down,. calm, down. We ain’t going to hurt you.” The lady sat down in a chair. Arnold told the lady that “Snapper” owed him $300 and that Arnold had a gun put to his head over this money. Arnold had made up this story. Arnold told her that they would try to get the money from her and that they would leave her son alone if they got the money. The lady told them that all she had was $20. Arnold said, “All right,” and then asked to use the bathroom and cáme back' with a pillow. Arnold stuck the pillow over the lady’s face while ”

   1 later decision quote this exact passage · from the majority
   e.g. & SC13-2330 Michael A. Hernandez, Jr. v. State of Florida and Michael A. Hernandez, Jr. v. Julie L. Jones, etc.