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← 559 So. 2d 1246 - Hoffert v. State

559 So. 2d 1246 - Hoffert v. State’s Empirical Analysis

1990

Citation profile

10
cited by 10 later decisions
1
states following
June 2005
most recently cited

10 state decisions

Relationships

Relies on 491 So. 2d 1129 - State v. DiGuilio · 506 So. 2d 1039 - In re Code of Judicial Conduct, Canon 6C(1) · 504 So. 2d 763 - Manatee County v. Marks · 493 So. 2d 451 - Butler v. State · 427 So. 2d 785 - Butch v. State

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

  1. “Excusable homicide. An issue in this case is whether the killing of Peter Sullivan was excusable. The killing of a human being is excusable and therefore lawful if committed by accident and misfortune. In order to find the killing was committed by accident and misfortune, you must find that the Defendant was in the heat of passion brought on by a sudden provocation sufficient to produce in the mind of an ordinary person the highest degree of anger, rage, or resentment, that it is so intense as to overcome the use of ordinary judgment, thereby rendering a normal person incapable of reflection. Or in order to find the killing was committed by accident or misfortune, you must find the Defendant was engaged in sudden combat. However, a killing that occurs during sudden combat cannot be excusable if a dangerous weapon was used or the killing was done in a cruel and unusual manner.”
    2 later decisions quote this exact passage

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.