520 So. 2d 260 - DuBoise v. State’s Empirical Analysis

Citation profile

2 federal appellate · 58 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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he indictment or information on which the defendant was tried is so defective that it will not support a judgment of conviction.”

   6 later decisions quote this exact passage · from the majority
   e.g. Richards v. State · 973 So. 2d 638 - White v. State

2. “DuBoise claims that death is a disproportionate punishment for felony murder, and therefore, that his death sentence violates Enmund v. Florida, 458 U.S. 782 , 102 S.Ct. 3368 , 73 L.Ed.2d 1140 (1982). We disagree. We have upheld the death penalty in numerous cases where, as here, the appellant did not actually commit the subject homicide. E.g., Copeland v. Wainwright, 505 So.2d 425 (Fla.1987); Jackson v. State, 502 So.2d 409 (Fla.1986); Cave v. State, 476 So.2d 180 (Fla.1985), cert. denied, 476 U.S. 1178 , 106 S.Ct. 2907 , 90 L.Ed.2d 993 (1986); State v. White, 470 So.2d 1377 (Fla.1985); Bush v. State, 461 So.2d 936 (Fla.1984), cert. denied, 475 U.S. 1031 , 106 S.Ct. 1237 , 89 L.Ed.2d 345 (1986); James v. State, 453 So.2d 786 (Fla.), cert. denied, 469 U.S. 1098 , 105 S.Ct. 608 , 83 L.Ed.2d 717 (1984); Ruffin v. State, 420 So.2d 591 (Fla.1982). Moreover, the United States Supreme Court recently clarified Enmund in Tison v. Arizona, 481 U.S. 137 , 107 S.Ct. 1676 , 95 L.Ed.2d 127 (1987).”

   2 later decisions quote this exact passage · from the majority
   e.g. 564 So. 2d 1066 - Van Poyck v. State · 700 So. 2d 1207 - Hazen v. State

3. “DuBoise and his two companions decided to grab a woman's purse in order to get some money. As they passed the victim on the street, DuBoise left their car and attempted to snatch her purse. When she resisted, the other man came to assist DuBoise. The victim recognized one of DuBoise's companions, and the three men put the victim in the car and drove to another area of town. There, while DuBoise raped her, the man whom the victim had recognized struck her with a piece of lumber. DuBoise's companions then raped the woman and both struck her with pieces of lumber. DuBoise was a major participant in the robbery and sexual battery. He made no effort to interfere with his companions' killing the victim. By his conduct during the entire episode, we find that he exhibited the reckless indifference to human life required by Tison .”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Rodriguez · 575 So. 2d 181 - Jackson v. State