522 So. 2d 817 - Perry v. State’s Empirical Analysis

Citation profile

2 federal appellate · 31 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In applying this factor where the victim is not a law enforcement officer, we have required that there be strong proof of the defendant's motive, Riley v. State, 366 So.2d 19 (Fla. 1978), and that it be clearly shown that the dominant or only motive for the murder was the elimination of the witness. Bates v. State, 465 So.2d 490 (Fla. 1985); Oats v. State, 446 So.2d 90 (Fla. 1984). We have also held that the mere fact that the victim knew and could have identified his assailant is insufficient to prove intent to kill to avoid lawful arrest. Caruthers v. State, 465 So.2d 496 (Fla. 1985); Rembert v. State, 445 So.2d 337 (Fla. 1984); Riley .”

   2 later decisions quote this exact passage · from the majority
   e.g. 575 So. 2d 181 - Jackson v. State · 599 So. 2d 103 - Jackson v. State

2. “improper to aggravate for a prior conviction of a violent felony when the underlying felony is part of the single criminal episode against the single victim of the murder for which the defendant is being sentenced.”

   1 later decision quote this exact passage · from the majority
   e.g. 532 So. 2d 1051 - Lamb v. State

3. “any error in failing to give it was harmless because the court did instruct the jury on second-degree murder which was only one step removed from the crime of which”

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