445 So. 2d 337 - Rembert v. State’s Empirical Analysis

Citation profile

30 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In In re Standard Jury Instructions in Criminal Cases, 431 So.2d 594 (Fla.1981), we found the instruction on circumstantial evidence to be unnecessary and deleted it from the standard instructions. A trial court can, of course, give such an instruction if, in the court's discretion, it finds it necessary due to the particular facts of any case. Williams v. State, 437 So.2d 133 (Fla.1983); Standard Jury Instructions in Criminal Cases. The trial court did not find the circumstantial evidence instruction necessary in this case, and we find no abuse of discretion in his refusal to give such an instruction.”

   2 later decisions quote this exact passage · from the majority
   e.g. 808 So. 2d 145 - Darling v. State · 705 So. 2d 1 - Monlyn v. State

2. “the mere fact of a death is not enough to invoke this factor when the victim is not a law enforcement official. Proof of the requisite intent to avoid arrest and detection must be very strong in these cases.”

   1 later decision quote this exact passage · from the majority
   e.g. 465 So. 2d 496 - Caruthers v. State

3. “This is a classic example of a felony murder, [where] very little, if any, evidence of premeditation exists.”

   1 later decision quote this exact passage · from the majority
   e.g. Jones v. State