440 So. 2d 8 - Gillespie v. State’s Empirical Analysis

1983

Citation profile

cited by 11 later decisions

states following

February 2006

most recently cited

11 state decisions

How this case has been cited

Cited by 11 later decisions — most recently February 2006

11 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 · In re Trial Courts of the Standard Jury Instructions in Criminal Cases · 437 So. 2d 1057 - Bell v. State · Lomax 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“`the jury has no right to exercise its `pardon' power if there is no evidence of attempt or of a lesser included offense and no instruction on attempt or lesser included offense should be given in such a situation because it would merely confuse the jury.'”
4 later decisions quote this exact passage
e.g. 736 So. 2d 44 - D'Ambrosio v. State · 833 So. 2d 247 - Piccioni v. State
“Section 794.011(4)(b) is a category 2 lesser included offense which is not necessarily included in the offense for which Gillespie was charged. If there was any evidence whatsoever that a deadly weapon was not used then it would have been reversible error for the trial judge to have refused to instruct on the lesser included offense. However, in this case, there was no evidence that a knife was not used and it was therefore proper for the trial judge to refuse to instruct on the lesser included offense. (e.s.)”
2 later decisions quote this exact passage
e.g. 471 So. 2d 632 - Robinson v. State · 487 So. 2d 311 - Thompson v. State
“Upon an indictment or information upon which the defendant is to be tried for any offense the jury may convict the defendant of: (a) an attempt to commit such offense if such attempt is an offense and is supported by the evidence. The judge shall not instruct the jury if there is no evidence to support such attempt and the only evidence proves a completed offense. (b) any offense which as a matter of law is a necessarily included offense of a lesser included offense of the offense charged in the indictment or information and is supported by the evidence. The judge shall not instruct on any lesser included offense as to which there is no evidence. (Emphasis supplied).”
1 later decision quote this exact passage
e.g. 456 So. 2d 513 - Cannon 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.