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← 441 So. 2d 1111 - Owen v. State

441 So. 2d 1111 - Owen v. State’s Empirical Analysis

1983

Citation profile

13
cited by 13 later decisions
2
states following
December 1994
most recently cited

13 state decisions

Relationships

Relies on 392 So. 2d 1280 - Sanders v. State · 397 So. 2d 663 - State v. Williams · 428 So. 2d 357 - Edwards v. State · Russell v. State · 426 So. 2d 983 - Fraley 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The defendant’s commission of a deliberate act of murder, the court’s first justification, is inconsistent with the jury verdict. Deliberate, in the context of its usage herein, implies a planned or premeditated act to effect the death of a particular person. “Deliberation” is often used interchangeably with “premeditation” to describe the essential element of first-degree murder. The jury acquitted on the first-degree murder charge and convicted for second-degree murder, the elements of which are the perpetration of an “act imminently dangerous to another and evincing a depraved mind ... without any premeditated design to effect the death of any particular individual. ...” The trial judge’s view of the evidence may be entirely correct but he is not free to disregard the jury’s findings even for the purpose of enhancing a sentence.”
    1 later decision quote this exact passage
  2. “The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, shall be murder in the second degree ***.”
    1 later decision quote this exact passage
  3. “[v]oluntary intoxication is an absolute defense to any crime requiring specific intent,”
    1 later decision quote this exact passage

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.