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← 404 SO2D 817 - McGraw v. State

McGraw v. State’s Empirical Analysis

1981

Citation profile

12
cited by 12 later decisions
2
states following
September 1999
most recently cited

12 state decisions

Relationships

Relies on 403 So. 2d 349 - Ensor v. State · 360 So. 2d 380 - State v. Holmes · McGraw v. State · State v. Ensor · 401 So. 2d 1325 - G. E. J. v. State

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

  1. “Ordinary observation by a person other than a police officer does not generally include the floorboard of a vehicle, whether or not the weapon is wholly or partially visible____ [A] weapon’s possible visibility from a point outside the vehicle may not, as a matter of law, preclude the weapon from being a concealed weapon under [the statute]____ In all instances, common sense must prevail. The critical question turns on whether an individual, standing near a person with a firearm ... may by ordinary observation know the questioned object to be a firearm. The ultimate decision must rest upon the trier of fact under the circumstances of each case.”
    1 later decision quote this exact passage
  2. “means physically on the person or readily accessible to him. Id.; McGraw v. State, 404 So.2d 817, 819 (Fla. 1st DCA 1981). The term”
    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.