State v. Simone’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. “[I]n cases such as that under review the trial judge need not worry about invading the province of the jury if he restricts his instructions to those involving lawful and unlawful homicide. As pointed out by the District Court, “What we have here is the death of a human being which was either unlawful homicide or lawful homicide.” The death of the victim is not in issue; it is an incontrovertible fact. The jury’s duty is to ascertain whether the defendant caused the victim’s death, and, if so, whether the homicide was justifiable or unjustifiable. If the jury finds that an unlawful homicide has occurred, they must then determine what degree of murder or manslaughter is involved.”

   1 later decision quote this exact passage
   e.g. 434 So. 2d 12 - Thomas v. State

2. “the Legislature intended the culpable negligence statute [§ 784.05, Fla. Stat.] to punish acts of the same character as those covered by the offense of manslaughter by culpable negligence ..., [where such] acts do not result in the death of the victim,”

   1 later decision quote this exact passage
   e.g. 443 So. 2d 286 - Rodriguez v. State

3. “did ... unlawfully kill a human being ... by ... kicking and beating, ... an act imminently dangerous to another, and evincing a depraved mind regardless of human life, ... .”

   1 later decision quote this exact passage
   e.g. 433 So. 2d 1005 - Drotar v. State