State v. Davis’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"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." State v. Davis, 411 So.2d at 1355 (Pearson, J., concurring) (emphasis in original; footnote omitted).”

   1 later decision quote this exact passage · from the majority
   e.g. 459 So. 2d 1120 - Davis v. State

2. “[b]y omitting further comment on these ostensibly inconsistent verdicts, we [would] invite the defendant's opening salvo on remand to be that under Redondo v. State, 403 So.2d 954 (Fla. 1981), the acquittal on Count One [murder] undermines the conviction on Count Two [possession of a firearm during the commission of a felony].”

   1 later decision quote this exact passage · from the majority
   e.g. 459 So. 2d 1120 - Davis v. State