438 So. 2d 787 - Harris v. State’s Empirical Analysis

Citation profile

2 federal appellate · 65 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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “But, for an effective waiver, there must be more than just a request from counsel that these instructions not be given. We conclude that there must be an express waiver of the right to these instructions by the defendant, and the record must reflect that it was knowingly and intelligently made.”

   6 later decisions quote this exact passage · from the majority
   e.g. 477 So. 2d 1034 - Vaczek v. State · Hicks v. State

2. “In Brown v. State [ 206 So.2d 377 (Fla.1968) ], this Court construed an existing statute and held that “a trial judge is required to instruct on necessarily included offenses because the law, particularly § 919.16, requires it.” [Footnote and citation omitted.] This Court has consistently held that, upon a proper request, a trial judge must give jury instructions on necessarily included lesser offenses, that a refusal of such a request constitutes fundamental error when properly preserved for appeal by timely objection under Florida Rule of Criminal Procedure 3.390(d), and that the harmless error rule does not apply. 1 [Citations omitted.]”

   2 later decisions quote this exact passage · from the majority
   e.g. Hicks v. State · 847 So. 2d 504 - Sanders v. State

3. “I submit to you this was a voluntary statement taken after a considerable period of time in which [Harris] sat there and remained the same immobile, unemotional self as he has this entire trial.”

   2 later decisions quote this exact passage · from the majority
   e.g. Jones v. State · 867 So. 2d 398 - State v. Jones