491 So. 2d 541 - Gallo v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “for the waiver of lesser included offense instructions to be effective, the state had to consent to the waiver”

   2 later decisions quote this exact passage
   e.g. 927 So. 2d 1049 - Festa v. State · 601 So. 2d 219 - State v. Johnson

2. “"[S]ince the charging document, as a matter of law, includes all necessarily lesser included offenses that the state may have charged, we believe the state was entitled to have the jury consider the appellant's liability for such offenses as well as the main offense charged. While a defendant may be charged with the highest offense that a prosecutor or grand jury believes appropriate considering the available evidence, that does not mean that the state must necessarily risk giving up the right to prove a lesser charge against the defendant."”

   1 later decision quote this exact passage
   e.g. 572 So. 2d 957 - Johnson v. State

3. “This Court has long held that upon a proper request, a trial judge must instruct the jury on necessarily included lesser offenses.”

   1 later decision quote this exact passage
   e.g. 558 So. 2d 481 - Gould v. State