433 So. 2d 1005 - Drotar v. State’s Empirical Analysis
1983
Citation profile
8 state decisions
How this case has been cited
Cited by 8 later decisions — most recently June 2003
8 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 Brown v. State · Martin v. State · State v. Born · 222 So. 2d 797 - Sadler v. State · Goodwill Industries of South Florida, Inc. v. Northeastern Fire Insurance Co. of Pennsylvania
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In Drotar : The material facts show that appellant and the victim had engaged in a violent fight, during the course of which the victim, while lying on the ground, was kicked in the stomach and stomped in the chest. After appellant left the scene, bystanders, intending to transport the semiconscious victim to a hospital, placed him onto a makeshift stretcher. While being moved, the victim rolled off the wooden “stretcher” onto a parked car, striking the windshield. The cause of death was diagnosed as internal bleeding cause by blunt trauma. [[Image here]] In none of the cited cases was there an issue as to whether the victim’s death was at the hands (or feet) of the defendant. On the peculiar facts of this case there was an issue for the trier of fact as to whether the victim’s fall from a stretcher, after the altercation, was the cause of death.”
1 later decision quote this exact passagee.g. Humphrey v. State“In Drotar , a defendant charged with second degree murder was convicted of aggravated battery. On appeal he contended that the trial court erred in giving, over his objection, jury instructions on aggravated battery. The appellate court, in affirming the aggravated battery conviction, said that Martin cannot be interpreted as restricting jury instructions in every ease where death ensues. Drotar distinguishes those cases where there is an issue for the trier of fact as to whether the death was caused by defendant’s act or some other cause. In such cases the defendant is entitled to non-homicide lesser included offense instructions.”
1 later decision quote this exact passagee.g. Petitfrere v. State
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.