Rojas v. State’s Empirical Analysis

Citation profile

5 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. “In connection with the accusation of murder in the first degree, murder in the first degree includes the lesser crimes of murder in the second degree, murder in the third degree, and manslaughter, all of which are unlawful. A killing that is excusable or was committed by the lawful use — excuse me, by the use of justifiable deadly force is lawful. If you find James Lorenzo Richardson was killed by Joey Luis Rojas, you will then consider the circumstances surrounding the killing in deciding if the killing was murder in the first degree or was murder in the second degree, or whether the killing was excusable or resulted from justifiable use of deadly force. The killing of a human being is justifiable homicide and lawful if necessarily done while resisting an attempt to murder or commit a felony upon the defendant, or to commit a felony in any dwelling house in which the defendant may have been at the time of the killing. The killing of a human being is excusable and, therefore, lawful 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 or 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.”

   1 later decision quote this exact passage
   e.g. 552 So. 2d 914 - Rojas v. State

2. “negates the possibility that the jury convicted the defendant solely on a finding that the victim's death was caused by the act, procurement, or culpable negligence of the defendant... . Where ... as here, the jury's verdict — necessarily including that the defendant acted with”

   1 later decision quote this exact passage
   e.g. 552 So. 2d 914 - Rojas v. State

3. “to fully and correctly instruct the jury concerning the definitions of excusable and justifiable homicide, in conjunction with [the] instruction on manslaughter”

   1 later decision quote this exact passage
   e.g. Smith v. State