464 So. 2d 1173 - Lara v. State’s Empirical Analysis

Citation profile

34 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “On July 16, 1981, a Miami police officer was dispatched to meet Francisco Rizo at an apartment where Rizo had discovered the body of his girlfriend, Grisel Fumero. Rizo let the officer into the apartment and directed him to the kitchen where Fumero was lying face-down on the floor in a pool of blood. She had been shot four times. During the investigation of the crime scene, an upstairs tenant notified the police that there was another body in an upstairs bedroom. This body was identified as that of [Lara's] girlfriend, Olga Elviro. She had been bound and gagged and had been stabbed three times. Evidence introduced at trial indicated that Elviro had also been raped. A handgun found on the premises was determined to have been the weapon that fired at least one of the bullets into Fumero. The police also recovered a serrated knife which was tentatively identified as the weapon used to stab Elviro. Evidence presented at trial established that, at the time of the homicides, [Lara] was awaiting trial on charges of robbery and voluntary and involuntary sexual battery. The sexual battery victim was Fumero's 13-year-old sister and Fumero was expected to testify against appellant at trial, which was to have begun the week of the homicides. There also was evidence that Elviro had learned of the charges against [Lara] and had threatened to leave him. Further, on the day prior to the homicides, [Lara] had displayed two handguns and had threatened to kill Elviro and her sister-in-law, who ”

   1 later decision quote this exact passage
   e.g. 699 So. 2d 616 - Lara v. State

2. “FINDINGS AND HOLDINGS OF THIS COURT The jury in this case has recommended to the Court a sentence of death by a vote of ten (10) to two (2). In all capital cases, the responsibility for sentencing lies with the trial court, guided by the recommendation of the jury. This Court has reviewed all of the evidence presented in this case. The Court has considered the advisory recommendation by this jury and did give great weight and serious consideration to that advisory verdict. This Court has found the existence of one (1) aggravating circumstance proved beyond a reasonable doubt by the State of Florida. That factor being the Defendant, JACK DEMPSEY FERRELL, has previously been convicted of another felony involving the use or threat of violence to some person. This Court has further considered all statutory and non-statutory mitigating factors presented by the Defendant, JACK DEMPSEY FERRELL. The Court has carefully weighed the aggravating circumstance as well as the circumstances presented in mitigation and the Court does find that the aggravating circumstances outweighs [sic] the mitigating circumstances in this case. Therefore, it is the judgment of this Court and the sentence of law that you JACK DEMPSEY FERRELL for the crime of which you have been and stand convicted, to-wit: Murder in the First Degree of Mary Esther Williams be delivered by the Sheriff of Orange County, Florida to the proper office of the State Penitentiary of Florida and by him safely kept until such day an”

   1 later decision quote this exact passage
   e.g. 653 So. 2d 367 - Ferrell v. State

3. “[W]e find that the hearsay evidence establishing Rizo’s consent was properly admitted at the suppression hearing, even though Rizo was unavailable for cross-examination. This Court has previously held that an affidavit for a search warrant may be based on hearsay information. State v. Wolff, 310 So.2d 729 (Fla.1975) (citing Jones v. United States, 362 U.S. 257 , 80 S.Ct. 725 , 4 L.Ed.2d 697 (1960), overruled on other grounds, United States v. Salvucci, 448 U.S. 83 , 100 S.Ct. 2547 , 65 L.Ed.2d 619 (1980)). See also Blair v. State, 406 So.2d 1103 (Fla.1981). In addition, we note that the United States Supreme Court in Jones found that “an officer may act upon probable cause without a warrant when the only incriminating evidence in his possession is hearsay....” 362 U.S. at 270 [80'S.Ct. 725]. We find no error in the admission of the hearsay evidence in this cause.”

   1 later decision quote this exact passage
   e.g. 89 So. 3d 844 - Parker v. State