454 So. 2d 358 - State v. Fluker’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"BY THE COURT: The defendant is charged with the second degree murder of William Fuselier, Jr. Second-degree murder is the killing of a human being when the offender has specific intent to kill or to inflict great bodily harm. Thus, in order to convict the defendant of second degree murder, you must find: (1) That the defendant killed William Fuselier, Jr., and (2) That the defendant acted with specific intent to kill or to inflict great bodily harm. In order to convict the defendant of the offense charged, the State must prove beyond a reasonable doubt every element of second degree murder. Now if you are not convinced that the defendant is guilty of the offense charged, you may find the defendant is guilty of a lesser offense, if you are convinced beyond a reasonable doubt that the defendant is guilty of a lesser offense. The responsive lesser offense for second degree murder is manslaughter. Manslaughter is the killing of a human being when the defendant has the specific intent to kill or inflict great bodily harm, but the killing is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection. Provocation shall not reduce a homicide to manslaughter if you find that the defendant's blood had actually cooled or that an average person's blood would have cooled at the time the offense was committed. The law does not define exactly what provocation is sufficient to reduce the homi”

   1 later decision quote this exact passage
   e.g. 596 So. 2d 323 - State v. Jack

2. “Art. 807. Special written charges The state and the defendant shall have the right before argument to submit to the court special written charges for the jury. Such charges may be received by the court in its discretion after argument has begun. The party submitting the charges shall furnish a copy of the charges to the other party when the charges are submitted to the court. A requested special charge shall be given by the court if it does not require qualification, limitation, or explanation, and if it is wholly correct and pertinent. It need not be given if it is included in the general charge or in another special charge to be given.”

   1 later decision quote this exact passage
   e.g. 596 So. 2d 323 - State v. Jack

3. “Considering the vicious manner in which this killing was committed, the maximum sentence of twenty-one years at hard labor is not excessive and was not a manifest abuse of the trial judge's discretion. 454 So.2d at 364 .”

   1 later decision quote this exact passage
   e.g. 482 So. 2d 141 - State v. Hampton