Magaw v. State’s Empirical Analysis

Citation profile

1 federal appellate · 4 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “316.193 Driving under the influence; penalties. — (1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if such person is driving or in actual physical control of a vehicle within this state and: (a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his normal faculties are impaired; ... . (3) Any person: (a) Who is in violation of subsection (1); (b) Who operates a vehicle; and (c) Who, by reason of such operation, causes: ... . 3. The death of any human being is guilty of DUI manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”

   1 later decision quote this exact passage
   e.g. 537 So. 2d 564 - Magaw v. State

2. “In Armenia , the Florida Supreme Court held that it is not necessary to prove a causal relationship between the manner of operation of defendant's motor vehicle due to intoxication and the death of the victim, in order to convict under section 316.1931, Florida Statutes (1983), and Baker v. State, 377 So.2d 17 (Fla. 1979). In Baker the court held that DWI/manslaughter was a strict liability offense.”

   1 later decision quote this exact passage
   e.g. 537 So. 2d 564 - Magaw v. State

3. “(3) Any person: a. who is in violation of subsection (1): b. who operates a vehicle; and c. who, by reason of such operation, causes: [[Image here]] 3. the death of any human being is guilty of DUI manslaughter ...”

   1 later decision quote this exact passage
   e.g. 535 So. 2d 702 - State v. Naumowicz