478 So. 2d 1017 - Harper v. State’s Empirical Analysis
1985
Citation profile
121 state decisions
How this case has been cited
Cited by 123 later decisions (1 by the Supreme Court) — most recently May 2018 · most notably 503 So. 2d 803 - Wetz v. State (1987), 645 So. 2d 829 - Chase v. State (1994)
121 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 460 So. 2d 778 - May v. State · 454 So. 2d 445 - Billiot v. State · 445 So. 2d 798 - Williams v. State · 308 So. 2d 71 - Newell v. State · 459 So. 2d 793 - Fairchild 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 123 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] lesser included offense instruction should be granted unless the trial judge and ultimately this Court can say, taking the evidence in the light most favorable to the accused, and considering all reasonable favorable inferences which may be drawn in favor of the accused from the evidence, that no reasonable jury could find the defendant guilty of the lesser included offense (and conversely not guilty of at least one essential element of the principal charge).”
49 later decisions quote this exact passagee.g. Gray v. State · Richardson v. State“[W]here under the evidence a party is entitled to have the jury instructed regarding a particular issue and where that party requests an instruction which for whatever reason is inadequate in form or content, the trial judge has the responsibility either to reform and correct the proffered instruction himself or to advise counsel on the record of the perceived deficiencies therein and to afford counsel a reasonable opportunity to prepare a new, corrected instruction.”
6 later decisions quote this exact passagee.g. Beckwith v. Shah · Brink v. State“[I]f this testimony were believed, it would establish that Harper was not guilty of burglary but only of the lesser included offense of trespass. The question is not whether the evidence was sufficient so that a rational juror could have found beyond a reasonable doubt that Harper broke into the Foster home with intent to assault but whether the evidence is so clear that no reasonable juror could have accepted Harper's theory.... .... ... The only fact issues which should be taken from the jury are those with respect to which the evidence is so clear that rational jurors could not disagree. On all other material issues of fact, the jury must be instructed in the law so that they may then perform their constitutional responsibility.”
4 later decisions 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.