500 So. 2d 290 - Bowes v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Bowes was entitled to rely on the defense of excusable homicide upon proof of any one of the three criteria in section 782.03, Florida Statutes (1985). See Colon v. State, 430 So.2d 965 (Fla. 2d DCA 1983). Also, the dangerous weapon exception, making an otherwise excusable homicide inexcusable, applies only to the sudden combat criterion. Blitch v. State, 427 So.2d 785 (Fla. 2d DCA 1983). The instruction as given, however, "may very well have been inherently misleading, because it appeared to inaccurately suggest that a killing can never be excusable if committed with a dangerous weapon." Blitch v. State, 427 So.2d at 787 . (footnote omitted).”

   2 later decisions quote this exact passage
   e.g. Radillo v. State · 559 So. 2d 1246 - Hoffert v. State

2. “[T]he jury could have easily misconstrued the instruction in the following manner: The killing of a human being is excusable, and, therefore, lawful [1] when committed by accident or misfortune, in doing any lawful act by lawful means with usual, ordinary caution and without any unlawful intent, [2] or by accident or misfortune in the heat of passion, upon any sudden and sufficient provocation or upon any sudden combat, without any dangerous weapon being used, and not done in a cruel or unusual manner.”

   2 later decisions quote this exact passage
   e.g. Radillo v. State · 573 So. 2d 306 - State v. Smith

3. “Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Sarduy v. State · 523 So. 2d 1199 - Kingery v. State