533 So. 2d 265 - State v. Dene’s Empirical Analysis

1988

Citation profile

cited by 22 later decisions

states following

August 2017

most recently cited

1 federal appellate · 20 state decisions

How this case has been cited

Cited by 22 later decisions — most recently August 2017

1 federal appellate · 20 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Furman v. Georgia · Enmund v. Florida · Wingo v. Wedding · 283 So. 2d 1 - State v. Dixon · Funchess v. Florida

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

“[I]t is apparent from a plain reading of the statute, as amended, that the offense defined in section 782.04(3), Florida Statutes (1975 and thereafter) requires that the killing be performed by a nonprincipal. It is clear from the facts that the murder here was committed by one or both of respondent's two cofelons. Consequently, having objected to the lesser included instruction, respondent may not be convicted of second-degree felony murder. We summarize our holdings as follows. First, section 777.011 is controlling and a principal does not have to be at the scene of the crime. Second, second-degree felony murder as defined in section 782.04(3) requires that the killing be done by a nonprincipal. We answer the certified question in the affirmative and approve the result below. [emphasis added]”
3 later decisions quote this exact passage
e.g. 540 So. 2d 188 - Williams v. State · 540 So. 2d 124 - Webster v. State
“Principal in first degree. — Whoever commits any criminal offense against the state, whether felony or misdemeanor, or aids, abets, counsels, hires, or otherwise procures such offense to be committed, and such offense is committed or is attempted to be committed, is a principal in the first degree and may be charged, convicted, and punished as such, whether he or she is or is not actually or constructively present at the commission of such offense.”
2 later decisions quote this exact passage
e.g. Connolly, Jr. v. State · 118 So. 3d 1008 - Hayes v. State
“[A]ll principals ... are culpable for any killings which are committed during the felony by innocent bystanders, police officers, victims, or other persons not committing the felony.”
2 later decisions quote this exact passage
e.g. 540 So. 2d 124 - Webster v. State · 570 So. 2d 1048 - Parker v. State

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.