433 So. 2d 1290 - Wheat v. State’s Empirical Analysis
1983
Citation profile
14 state decisions
How this case has been cited
Cited by 15 later decisions — most recently January 2023
14 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 · Grant v. State · 418 So. 2d 1277 - Chang v. State · In re Trial Courts of the Standard Jury Instructions in Criminal Cases · 262 So. 2d 655 - DeLaine 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“eliminate the need to give a requested lesser offense, not necessarily included in the charged offense, when there is a total lack of evidence of the lesser offense.”
2 later decisions quote this exact passage“the judge shall not instruct on any lesser included offense as to which there is no evidence”
2 later decisions quote this exact passage · from the dissent“There can be no robbery without violence and there can be no larceny with it. " As an example, when an accused is charged with battery with a deadly weapon (aggravated battery § 784.045(1)(b), Fla. Stat.) and the only evidence is testimony that the accused shot the victim with a firearm from across the street, while, theoretically, simple battery (§ 784.03, Fla. Stat.) is a necessarily lesser included offense of the aggravated battery charge, as a practical matter, there is absolutely no evidence that the accused committed a battery on the victim without using a deadly weapon. In such a case no jury instruction should be given as to simple battery because a conviction as to that charge is not supported by any evidence. Because all offenses which bear the relationship of greater and necessarily lesser included offense are theoretically "the same offense”
1 later decision quote this exact passage · from the dissent
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.